Rights of the author, their violation and copyright protection to music, to an image, to a work ... It is difficult for an ordinary person to understand these concepts. The article will help in this difficult matter.
A bit of history
Copyright is believed to have originated in Europe with the advent of typography. After simplifying this process, it became possible to make many copies of the works and lower the cost of the books themselves. As a result, the author’s work became a real commodity, and initially it was the book publishers who needed economic protection from competitors who reprinted books and set lower prices for them.
In Russia, only in the middle of the XVII century, copyright began to be associated directly with the author of the works. For example, a musician as a payment for his work could receive either a salary or a lump sum.
In the XIX century, copyright communities began to be created. Playwrights united first. They created the Collection of Russian Dramatic Writers. Over time, the society became so famous and popular that they were joined by composers, who also got the opportunity to protect copyrights to music. The system of collective rights protection is the same at present.
Legislation regulation
On April 22, 1828 in Russia, one might say, the first copyright law was issued regulating issues related to the rights of the author. The document was called the “Censorship Charter” with a special chapter in it “On Writers and Book Publishers”. This normative act was first officially enshrined exclusive right author to use his work throughout his life and sell it at his discretion.
Currently, in Russia, to regulate relations in the field of creation and use of the author’s rights, the Law “On copyright and related rights. " The current regulatory act has a modern market orientation.
Copyright and copyright
The rules governing copyright should be addressed when it is necessary to regulate the relations that arose in connection with the use and creation of scientific works, as well as works of literature and art. Objects of copyright directly include works of science, art and literature, each of which is the result of a person’s creative research aimed at creating a new one.
The concept of "new" refers to a specific form, topic, idea, content. Creative activity is expressed in writing an original literary or musical work, or arranging, processing an existing one.
You need to know that the playwright receives the rights to the play he created from the moment it is transferred to paper, the artist - after expressing his inner world on canvas, the musician - after recording the melody on paper with musical symbols; that is, the work must have a material form of expression in the form of sound or video recordings, typewriting, musical notation, images, or must be publicly performed. Moreover, copyright objects do not have to be complete. Fragments of works, sketches, plans are also subject to legal protection. In particular, copyright law also classifies music and musical works as objects of copyright.
About registering copyright for music
Do I need to register copyright for music? The law prescribes that for the implementation and occurrence of copyright in melodies and musical works, special design, registration and compliance with various formalities is not required. The rights of the author are born from the moment the work is created.
Nevertheless, to ensure the rights to the created musical work, the composer may worry in advance about the evidence of his authorship. To do this, he can register his melody with a notary public, as well as in state and public organizations. The date of registration will be relevant to the resolution of further disputes about authorship. The most popular and widespread in our country is the Russian Copyright Society, which issues a copyright certificate for music. The document confirms the date and fact of registration of rights.
Music is pouring. Copyright to music without infringement
How is music used without copyright infringement? The specified normative act says that the use of Russian music for commercial purposes is possible only by agreement with the author or with specific organizations that carry out collective management of rights, in which case the author of the music receives deductions from the reproduction of his works. The use of music for review, criticism or as a study guide is possible with the author and title.
Often users ask themselves: is it possible to check music for copyright? Unfortunately, officially, no. But you can always use the free resources of music, which is distributed without claims on copyright protection.
How can an author defend himself
Violation of the rights of the author in Russia, unfortunately, is not uncommon. The illegal distribution of music on a worldwide network, the sale of counterfeit products lead to a violation of the property and non-property rights of creative people. Protection takes place both by going to court and out of court. The active position of the author will help him to compensate for the losses caused, to restore the violated right.
Issues of protecting the rights of the author are acute, since this industry is vulnerable to a variety of violations. But, nevertheless, I want to believe that Russia is moving towards the legal literacy of the population and civilized law.
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