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Information law. Legal regulation of information relations in the production and distribution of computer programs and databases (the most important)

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37. LEGAL REGULATION OF INFORMATION RELATIONS IN THE PRODUCTION AND DISTRIBUTION OF COMPUTER PROGRAMS AND DATABASES

The Law of the Russian Federation "On the legal protection of programs for electronic computers and databases" regulates relations related to the creation, legal protection and use of computer programs and databases. From the standpoint of information law, computer programs in their pure form do not belong to information objects, however, they act as objects from among the means of providing information systems and their means of support (see Article 2 of the Federal Law "On Information, Informatization and Information Protection").

Nevertheless, computer programs are also among the most important objects information legal relations, as they provide information processing in modern conditions. Such objects of information legal relations, like information objects, have a dual unity of program content and their carrier, without which their transmission, replication, use or distribution is impossible.

Computer programs and databases are subject to copyright under the Law of the Russian Federation "On the legal protection of programs for electronic computers and databases". Computer programs are granted legal protection as works of literature, and databases as collections.

Авторское право applies to any computer programs and databases, both released and not released to the public, presented in an objective form, regardless of their material carrier, purpose and dignity.

Copyright extends to computer programs and databases that are the result of the creative activity of the author. The creative nature of the author's activity is assumed until proven otherwise.

Legal protection extends to all types of computer programs (including operating systems and software packages) that can be expressed in any language and in any form, including source text and object code.

Legal protection extends on databases, which are the result of creative work on the selection and organization of data. Databases are protected whether or not the data on which they are based or which they include is subject to copyright.

Legal protection does not extend to ideas and principles underlying a computer program or database or any of their elements, including ideas and principles for organizing an interface and algorithm, as well as programming languages.

Copyright for computer programs and databases is not associated with the ownership of their material carrier. Any transfer of rights to a material medium does not entail the transfer of any rights to computer programs and databases.

Copyright extends to computer programs and databases that are the result of the creative activity of the author. The creative nature of the author's activity is assumed until proven otherwise.

Legal protection extends to all types of computer programs (including operating systems and software packages) that can be expressed in any language and in any form, including source text and object code.

Legal protection extends to databases that are the result of creative work in the selection and organization of data. Databases are protected whether or not the data on which they are based or which they include is subject to copyright.

Author: Yakubenko N.O.

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