Russian legislation contains provisions on a wide range of provisions regarding the protection of copyrights. The conceptual framework of the relevant legal acts is also quite diverse. In particular, the terms “subject” and “object” of copyright in the laws of the Russian Federation are set forth in sufficient detail. What is the specificity of the Russian legal system regarding the protection of products of intellectual labor?
What is copyright?
Before exploring what features are characterized by copyright subjects, we will examine in more detail the essence of the legal category that we are studying. What are the experts' views on this issue? The fact is that the term "copyright" will be interpreted in one way or another, depending on which number is used. What does it mean? In Russian legal practice, as a rule, the term in question is used in the plural - as “copyright”.
In this case, its significance can be interpreted as the mechanisms of protection of a work that has become a product of intellectual labor guaranteed by law. In turn, if the phrase "copyright" is used in the singular, then it should be interpreted as a term denoting a certain independent legal institution (by analogy, for example, with labor or administrative law), or as an example of one of the many guaranteed by law rights held by the authors of products of intellectual labor. For example, the exclusive right. But not only him. The legislation of the Russian Federation provides, apart from exceptional, the following range of rights:
- in the author's name;
- the inviolability of the product of intellectual labor;
- to the publication of a creative work;
- Actually authorship.
Also, the Civil Code of the Russian Federation provides grounds for the emergence of additional rights for an author of products of intellectual labor, for example, related to receiving remuneration.
Inalienable and exclusive rights
The specifics of Russian legislation in the field of copyright protection involves the allocation, therefore, of several separate legal categories relating to the protection of intellectual property. Two are considered basic - the authorship right attributable to the type of inalienable, as well as exclusive rights. Thus, any work or product of intellectual work is characterized by two aspects of copyright.
If we talk about inalienable rights (as a rule, this is authorship itself), then they are not subject to sale, transfer, or any other way the author refuses to belong to the process of creating a work. That is, a talented person who created a certain product remains its author in any case. You cannot conclude any contract under which someone else would acquire the right of authorship.
However, owning a work in the category of inalienable right, a person may not have exclusive. And this is important from the point of view, for example, of the commercialization of a product. That is, it is the exclusive right that makes it possible to receive remuneration, say, for selling copies of a work or for broadcasting it on air. In turn, it can be the subject of a contractual relationship: the author can sell it to another person or organization. However, even upon the fact of this transaction, he will remain the owner of inalienable rights.
Thus nature intellectual property, in accordance with Russian law, is dual.On the one hand, a person has inalienable rights, and on the other hand, has legal grounds to transfer some of the aspects of product ownership to other persons.
Author and manufacturer
The Russian legislation provides, as we have noted above, the dual nature of the exercise of copyright - in the form of inalienable and exclusive. In practice, this can be implemented in a wide variety of legal relationships. A fairly common scenario is when the holder of the inalienable right is the author, and the exclusive is the subject whose status sounds like a “manufacturer”.
That is, this is the subject of legal relations, who, say, having familiarized himself with an interesting song composed by the author, decides to publish it as a single on the radio. That is, most likely, this is a professional recording studio. Thus, inalienable rights may correlate with the identity of the author, exclusive rights may belong to the manufacturer.
Copyright Objects
Now we can study the specifics that characterize the subjects and objects of copyright. Let's start with the elements of the second type. The objects of copyright include the very products of creative work created individually by a certain talented person. The Civil Code of the Russian Federation provides for the following spectrum: literary works, scripts, choreographic productions, songs, videos, paintings, arts and crafts, photos, maps, as well as other works.
That is, the Code in one way or another contains a list of products of intellectual work subject to protection under copyright. An interesting fact can be noted: regarding computer programs, the legislation of the Russian Federation, as many experts note, has not yet provided for a separate category of copyright protection mechanisms. Therefore, software is protected in the current versions of laws in the same way as a literary work. Copyright does not apply to unfinished products, ideas, methods, principles, discoveries. However, as soon as a person has completed work on a work, it is immediately, without any registration procedures, to be protected under copyright.
Copyright: entities
Now consider the features that characterize the subjects of copyright. What are the most common points of view of experts regarding this issue? According to the generally accepted point of view, the subjects of copyright are those citizens who took a direct part in the creation of products of intellectual labor. These may be authors who wrote a work individually or together with other talented people. These may be persons with the exclusive right to use the product. It can also be legal entities.
Subjects of copyright in the general case should not in any special way formalize their belonging to the creation of a work. At the same time, experts recommend using mechanisms of notarial confirmation that a particular product of intellectual work was created by a certain person. An alternative to a notary public is registration with an authorized public or state structure, for example, in the Russian copyright society.
The types of subjects of copyright, therefore, can be represented in a wide range. It can be noted that in the legislation of the Russian Federation there are no direct formulations that would make the prospects for legal protection of certain works dependent, say, on the professional qualifications of their author. Relatively speaking, even if a programmer wrote a song, or, for example, a translator created a unique example of computer software, the rights of both will be fully protected. Thus, the subjects of copyright included in the sources shaping civil law, as many lawyers note, are practically not specified.If this happens, then, as a rule, for reference purposes.
Co-authorship
There is one noteworthy status that copyright entities may have - co-authorship. This term refers to the fact that the product of intellectual labor was created with the participation of two or more persons. Co-authorship assumes that a work created through collective creativity belongs to its authors jointly.
In this case, two modes are possible within which co-authorship can be recorded. Firstly, joint ownership of the rights to a work can be carried out inseparably, that is, in relation to a product that is a single entity. Secondly, it can be separate when a complex structure of the product of intellectual labor is assumed.
It can also be noted that copyright holders can issue co-authorship even before they create a work through joint efforts. To do this, they need to conclude a special agreement containing provisions that fix the contribution from each author, as well as the subsequent procedure for using the product. So, for example, by signing such an agreement, co-authors can determine the sequence of indicating their names in the title of the work.
The rise of copyright
We explored what copyright is. The concept, objects, subjects of this legal category were also considered by us. We’ll cover in more detail the aspect of how a person has copyright. We noted above that in the general case, no registration procedures confirming the fact of creating a product of intellectual labor by a specific author are required.
Thus, copyright arises as soon as a talented person has created a completed work. In this, as some lawyers have noted, the difference between copyright, for example, from patent, which relates to the protection of inventions. In order to ensure legal protection of know-how, the designer, therefore, it is advisable to draw up an official document - a patent, corresponding to the criteria prescribed in the laws.
It can be noted that the owner of exclusive rights can use, in order to notify the community that a particular product of intellectual work is being protected, a copyright icon. However, the provisions of Russian law do not include obligations to do this. It can be noted that copyright holders in Russia acquire their status by virtue of a special presumption. Their belonging to the creation of one or another product of intellectual labor is recorded if no other author has proved his participation in the work on the work.
Having considered what copyright is, the concept, objects, and subjects of it, we can examine what mechanisms of protection of works resulting from intellectual work are provided for in Russian legislation. Let's start with the software.
Software Protection
In accordance with article 1261 of the Civil Code of Russia, copyright programs are thus considered computer programs, as well as databases. We noted above that the legal regime through which these products are protected is similar to that under which literary works are protected. With regard to software, the subjects of copyright are programmers, developers, as well as all those whose talent has been able to create a unique software solution.
The Civil Code of the Russian Federation says that software can be written in any language. Both the "source" and the object code can be protected. The program, which may be owned by copyright subjects, is recognized as a set of commands that ensures the functioning of computers and thereby allows you to use the computing power of a PC in order to obtain a useful result.
It can be noted that article 1262 of the Civil Code establishes a procedure under which programmers can register their product with the participation of competent state authorities. However, such a procedure is a right, not an obligation, of the software creator. Moreover, if the programmer wrote a decision associated with a state secret, then it cannot be registered.
Protecting movies and videos
Consider how the legislation of the Russian Federation protects the creators of audiovisual works - films, videos. The authors of such intellectual products can be directors, screenwriters, composers.
If an audiovisual work is broadcast on the air through one or another channel, then all of the listed persons that are copyright subjects have the right to rely on remuneration for using the product of intellectual work.
Protection of translations and derivative products
An interesting aspect is the protection of translations. Consider it. The translator is fully subject to copyright, but only in that part of the work that he did. That is, in the aspect of processing the starting material. This or that product of intellectual labor, for example, a song, can be modified in one way or another - through arrangement or, for example, a remix.
In this case, the DJ or composer who remade the song can also be the subject of copyright, but only in part of the work they performed. At the same time, the arrangement or remix, as noted by lawyers, should not violate the legal rights of the author of the song who wrote its first version.
Office Work Protection
Subjects of copyright to official works are characterized by a rather unusual status. The products in question are created as part of their work by the author as part of a contract. That is, in the official order. The specificity of the legislation is such that the realization by the creator of the product of intellectual labor of his rights along with the authors who released a particular product outside of work is difficult.
The author of a work of work may have only personal, non-property rights to his product. Exclusive rights generally belong to the employer company. The exception is if a person wrote an encyclopedia or issued a periodical. Exclusive rights are reserved to the creators of such products. Unless, of course, they transfer the corresponding set of rights to the publisher in accordance with an additional agreement.
Related Rights
Having studied what the subjects and objects of copyright can be, we consider another interesting legal category. It is about related rights. What are their features? In principle, their types may be, for example, exclusive rights. But not only they belong to the category of related.
The legislation of the Russian Federation defines a separate list of related rights. It is wide enough. In short, it may be the right to perform songs, to transmit messages on television and radio, phonograms, databases, as well as literary works after they are transferred to the public domain. Subjects of copyright and related rights may not coincide. If the former include, for example, composers, then the latter will probably include performers of a song written by the author.
The main principle of recognition of the respective rights for singers is that it is thanks to their talent that the work can be properly voiced to the public. Also, as noted by lawyers, subjects of related rights may have a desire to protect the way of interpretation, vocal performance of a song.
Above, we noted that it does not matter what professional specialization that copyright subjects possess. General characteristics of the data relationship elements sufficient from the point of view of securing preferences provided by law for them. However, it can be noted that in terms of related rights, Russian legislation nevertheless to some extent specifies the professional specialization of the subjects of the corresponding legal category.
But, as lawyers note, the list of possible holders of related rights that is specified in the law is not exhaustive. Moreover, one or another specialization of a person who claims to have related rights can be indicated in the nominal order. That is, for example, this is possible if a person who is an engineer by profession decides to suddenly remix a famous song. In this case, in documents related to the registration of related rights, a person may indicate that he is a musician.
