Copyright is formed on the basis of their registration. Creating intellectual property the author actually gets the opportunity to use it for their own purposes. This article will explain in detail which mechanisms are provided for registration. Copyrights need protection as well as tangible property. Therefore, their registration should be taken with all responsibility.
What may be the subject of copyright?
Legislation on Copyright and related rights identifies the following objects that can act as documented intellectual property:
- written and literary works of a scientific, journalistic, technical or any other plan;
- oral materials in the form of speech, speech or lecture;
- computer programs, games, databases;
- musical creations with semantic load in the form of text and without;
- theatrical, choreographic, stage works;
- objects of fine art, photo materials;
- examples of garden, park, architectural art;
- other developments that are a unique result of creative activity.
What materials are not included in the copyright protection field?
Immediately it is worth noting that the legislation does not contain an exhaustive list of materials that fall under copyright provisions. Any creative developments are subject to protection, regardless of their completeness, genre, nature and purpose. However, legal protection does not apply to theories, ideas, concepts, even if they are described in one form or another in the work.
There are clear definitions of which objects are copyrighted. Registration on this basis does not apply to:
- news posts;
- folklore works;
- national symbols and awards;
- official documents (decrees, laws, regulations);
- bank notes;
- directories, databases and schedules that do not meet the criteria of originality.
Types of Copyright
Among non-property rights, the first place is the requirement to indicate authorship of a work when it is demonstrated or used by unauthorized persons. Moreover, the author of registered intellectual property receives the right to prohibit the mention of his own name in cases where when using the work it is necessary to remain anonymous.
The ability to appear in the graph of the owner of a work under a pseudonym is a unique tool that provides non-proprietary copyrights. The registration of an intellectual property patent opens up in this case ample opportunities for author promotion under a pseudonym during a public demonstration of works.
According to the provisions on non-proprietary copyrights, the owner of intellectual property gets in his hands mechanisms to counter any distortion, distortion, transformation or encroachment on certain parts of the work.
If we talk about the copyright of persons applying for a patent, then the owner of the work is given the priority opportunity to use the material for personal reasons. The flip side of property law is the presence of exceptional legal grounds for the prohibition or permission to use the work by unauthorized persons.
The need for copyright registration
Despite the fact that unregistered and registered rights to a work are considered in the legislative field almost identically, copyright and related rights allow obtaining a certificate of intellectual property to a specific person. The document is a single confirmation of authorship in cases of use of works by second parties.
It is strongly recommended that you register for copyright before signing any contracts with representatives who will replicate the works. The amount paid for the copyright agreement is simply not comparable with the costs of possible litigation in case of unlawful use of intellectual property.
Copyright Registration Structure
Before you get copyright, it is necessary to go through a consistent registration procedure by providing:
- patent application in the form provided by the intellectual property service;
- a copy of the work that meets the requirements of applicable law in the field of copyright protection;
- documented evidence of the date and fact of publication of the work;
- documents confirming payment of the registration fee;
- papers on payment of state fees for obtaining copyright certificates;
- power of attorney for filing an application if registration takes place by an attorney.
International copyright law
International intellectual property right is a set of provisions designed to regulate relations between individual states and their citizens in the field of registration, application and protection of unique works.
The objects here can be both legal entities and individuals who act in the personal interest and retain copyright. Registration in this case requires the legislative institutions of states to recognize the right to possess works by foreign citizens and to have legal opportunities to gain access to judicial and administrative measures of protection.
How to get remuneration when using a work by unauthorized persons?
As in other civilized countries, the legislation of our state provides for the operation of mechanisms for collecting payments from individuals using copyrighted works for personal purposes. In particular, these legislative grounds are effectively applied to the use of musical works.
In the process of working on a work, the authors not only realize their own creative potential, but create an intellectual product, the use of which is designed to receive a certain material reward. Moreover, the production of material often needs the work of a whole team, the work of which should also be appreciated. The income of creative teams is calculated from the sale of copies of the work.
Who should pay? Payment for the use of copyrighted materials is entrusted primarily to individuals and legal entities that use the content for commercial purposes. It is worth highlighting entertainment venues, concert, dance, theater, sports fields, the film industry and other areas.
What is the punishment for unauthorized use of copyrighted works?
What to do if copyright infringements are registered, the registration of which is confirmed by state patents? In this case, the author of intellectual property has the legal right to challenge the actions of unauthorized persons in court. In turn, a court decision may oblige the violator:
- compensate the copyright owner for the damage;
- pay income from unauthorized use of the work;
- implement material and moral compensation for unauthorized actions.
Finally
Every year, control over the misuse of copyright property is tightened.
Based on this, the formal conclusion of an agreement on the use of copyrighted materials will probably cost an order of magnitude cheaper than paying the penalties imposed by the judicial authorities.
Copyright is the only legal basis for the settlement of relations in connection with the use of unique results of intellectual work.
Currently, copyright covers almost all areas of creative activity. However, the imperfection of legislative standards still gives rise to many disputes and opportunities for different interpretations of individual wordings.
Despite the presence of shortcomings in the field of protecting the interests of intellectual property owners, the role of copyright has a positive effect on improving the quality of creative developments in general. Undoubtedly, domestic legislation in this area will undergo changes more than once. However, even the current situation opens up good prospects for talented authors both to realize their own ideas and to generate income.
