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Information law. Copyright and related rights (most important)

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63. COPYRIGHT AND RELATED RIGHTS

The Law of the Russian Federation "On Copyright and Related Rights" regulates information relations arising in connection with the creation and use (distribution) of such information objects as works of science, literature and art (copyright), phonograms, performances, staging, transmission of broadcasting or cable broadcasting (related rights).

The main subjects of information legal relations are the author of the work (producer or creator of information on information law) and the user of exclusive rights or non-exclusive rights (holder of information on the terminology of information law). Unfortunately, the institution of copyright leaves out of its attention the consumer of information or the final recipient of information contained in works.

К objects of information legal relations in the system of copyright (object of copyright) includes works of science, literature and art, which are the result of creative activity, regardless of the purpose and dignity of the work, from the way it is expressed. Recall that from the point of view of information law, these are information objects.

Copyright extends to both published works and unpublished works that exist in some objective form:

▪ written (manuscript, typewritten, musical notation, etc.). Such objects have dual unity of information (its content) and carrier;

▪ oral (public utterance, public performance, etc.). These objects have only content that is not recorded on a material, solid medium;

▪ sound or video recording (mechanical, magnetic, digital, optical, etc.). There is a combination of content and information carrier;

▪ images (drawing, sketch, painting, plan, drawing, film, television, video or photograph, etc.).

Property rights to know-how can be transferred by their owner in whole or in part to another person either as a separate object of civil law under a know-how transfer agreement, or as part of a set of exclusive rights under a license agreement, an agreement on the sale of an enterprise as a property complex, commercial concession agreement, etc.

An agreement concluded in writing must indicate the procedure for the transfer of know-how, the obligations of the parties to establish and comply with the trade secret regime, the scope and methods of using know-how, the procedure for payment and the amount of remuneration, the duration of the agreement, as well as other essential conditions agreement.

Property rights to know-how belonging to an individual are inherited in accordance with the procedure established by federal law.

The transfer of property rights may be carried out on the basis of an author's agreement on the transfer of exclusive rights or on the basis of an author's agreement on the transfer of non-exclusive rights. The right to prohibit the use of a work by other persons may be exercised by the author of the work if the person to whom the exclusive rights have been transferred fails to protect this right.

Author: Yakubenko N.O.

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