Human relationships have always been a complex hierarchical structure. At different times, people revealed new elements of this system. However, history knows moments when people did not distinguish social relations as some special, important object. Their study simply did not receive the right amount of attention. This negative phenomenon has led to the fact that many issues of the specifics of social relations have not been revealed for a long time. But they contained the secrets of public administration and the strategy of building a competent society, which would be a real pillar for the state.
Nevertheless, Roman scholars developed such a peculiar science as law. Initially, the essence of social relations was not considered in it. Roman law was only a system of rules that governed certain issues. However, in the process of further development of jurisprudence it was revealed that the law governs not individual issues, but certain types of social relations. In this case, we are talking about the relationship of protection, use, management, labor, etc.
From the moment when these commonplace truths began to be taken into account and theoretically comprehended, the development of branches of law began in the form in which we are all used to seeing it. To date, some sets of legal relations are of great interest to both scientists and practicing lawyers. They have their own specifics, but also their protection is carried out in a special order. One of these is copyright and other intellectual property rights in civil law, which will be discussed later in the article.
Civil law is a feature of the industry
Copyright and other rights protection intellectual property, certainly has its own specifics. However, before considering it, you need to understand the features of the civil industry, because it is in its structure that the spectrum of presented social relations is included. This fact is clearly visible if we consider at least the concept of the civilian industry. According to theoretical developments in this area, civil law is a set of legal norms that govern property relations, as well as all personal relations of a non-property nature directly related to them. In addition, there are many principles on the basis of which the civil industry and its aggregate institutions are built.
Industry principles
The action of absolutely all civil law institutions directly depends on the principles of this sphere of regulation. Including copyright protection, as well as other mechanisms, is carried out only on the basis of existing basic provisions of civil legal technology. Scientists at certain stages of their study distinguish various principles of the industry, however, there are a number of the most classical ones that have existed almost since the advent of domestic civil law. These include the following principles:
- Equality of subjects.
- Freedom of contractual relations.
- Immunity of property and property rights.
- Prevailing dispositive method regulation of relations.
- Freedom of civil relations from the influence of state power.
- Free movement of any goods that are not prohibited by law.
Thus, the principles presented above make it possible to present at this stage the features of the industry as a whole and its individual institutions.
Copyright concept
It has already been pointed out earlier that civil law is closely related to copyright, which, in turn, is an institution of the first element. In addition, this connection is manifested not only in the structural hierarchy. For example, civil law governs many issues of the institution of copyright. Given all of the above features, we can conclude that copyright is a set of civil-law legal norms that have their own regulatory specifics. That is, they are united within the framework of one institution, and regulate relations associated with the use of literary, scientific, and also works of art. In other words, the institute controls the results of any creative activity. At the same time, civil law regulates issues related to the protection and registration of copyrights.
It should be noted that some scholars have argued that copyright is an industry, not an institution. In support of their arguments, they put forward the fact of the existence of a large number of norms of this regulatory specificity. Although this statement has a rational subtext, it is quite problematic to prove it due to the indivisibility of civil and copyright laws and hierarchical subordination already described above.
Institute subjects
The right to copyright protection is, as we understand it, only the subjects of this institution. If we analyze the moment of the emergence of copyright, then the original, initial subject in many cases is a natural person - the author. After all, it is he who directly creates an object or intellectual property through creative labor, in scientific terms. The subject of copyright owns a package of various powers, which will be discussed later in the article.
In addition to the already mentioned subject, other persons are also related to authorship. As a rule, the subject is always one who has exclusive rights to the created work, which passed to them from the original author. These include the following:
- enterprises that have acquired exclusive rights;
- employers on whom the author of the work works legally;
- customers, if a work is created under an order contract;
- the heirs of the author.
All represented subjects are vested with powers that others should not violate.
Rights of the author and other entities
Without exception copyright holders have a range of specific powers. With their help, you can determine the range of possible actions in relation to the object of copyright, as well as the degree of its protection. The following may be attributed to such powers:
- Personal non-property rights that is, the right to authorize and prohibit the use of the object, to publish his work or to use it personally.
- The exclusive right to works includes the ability to use an existing work in any possible form that is not prohibited by law. For example, to reproduce a work, distribute, publicly display, import, practically sell or sell for profit.
- The right to protection is the most specific right of the copyright institute in general, because its realization only occurs after the onset of a certain legal fact - a civil tort, that is, a direct violation of copyright.
Given the features presented, we can conclude that the legal protection of copyright is implemented in a specific order and has its own characteristics, which will be indicated later in the article.
What is copyright protection for?
The protection of intellectual copyright has begun to be actively studied in the territory of the modern Russian Federation relatively recently. Of course, before scientists tried to shed light on this issue, but during the Soviet era there was no particular need for individualization. With the development of a market economy, copyright has become a real subject of ongoing infringement. In this case, the Western market acts tough in this matter. If you pay attention to how the protection of copyright on the Internet occurs abroad and in the Russian Federation, then you can visualize the extent of violations. For example, sites that violate the rights of authors in European countries are simply blocked. At the same time, people create such sites on the territory of the Russian Federation without any particular fear! Nevertheless, in recent years, the prosecution of copyright infringers has gained some momentum.
It should be noted that many people wonder: why should they protect their copyrights? What tasks are implemented in such a protective manner? The answer to this question are two main aspects, namely:
- First of all, copyright protection is a proof of the creative work performed.
- In addition to this, protection allows you to fix the priority for the possession of a copyright object for a certain amount of time.
To date, the legal industry has developed a huge number of ways to protect copyright.
Copyright infringement
Protection of copyright property rights is always carried out only in the presence of the main determining legal fact - violation. If it is not, then it is impossible to implement any security measures. At its core, copyright infringement is an offense, the essence of which is the use of copyright property without the proper permission of the titular subject. There are two main ways of copyright infringement, namely:
- illegal copying and distribution;
- plagiarism.
In this case, the essence of the violations is fundamentally different. In the first version, the attacker uses an existing object and illegally distributes it or copies it. A second example of a violation involves the assignment of a copyright object. In most cases, the reported violations inflict material losses on the author or copyright holder, because illegal content has a lower price, and sales are carried out in large quantities. Thus, in many states, including the Russian Federation, special legislative acts are issued to create regulatory protection of copyright. On the territory of the fatherland, such is the law "On Protection of Copyright".
Ways to protect copyright
To date, various ways to protect copyright have been developed. All of them have their own specifics and provide different levels of security. The most common and effective methods of protection today are notarization, registration of copyright, as well as registration of works. A rather specific type of protection is the use of technical means. All methods presented are used as needed for certain objects.
Registration of copyright and works
Today in the Russian Federation there is no official procedure for registering authors' rights, except for the rights to computer programs. However, article 1259 of the Civil Code of the Russian Federation states that for the emergence of a protection regime for certain powers, it is necessary to register them. As a rule, by registration it is precisely rights that mean registration of a specific product of creative activity. That is, individual organizations record the authorship of a person in relation to a particular object of law.
Notarial certification
Many copyrighted works expressed in print are usually protected by notarization. This method of protection can also be used for objects mounted on CDs, however it will be much more complicated. The advantage of this method is the fact that in case of violation, the author or the copyright holder does not need to prove the presence of title powers, as they are confirmed by a notary. It should be noted that copyright registration and notarization are quite similar methods. However, their essence is fundamentally different in the process of implementing protective measures in relation to the object.
Technical means of protection
Copyright protection on the Internet is usually carried out using special technical means. They are a combination of software that restricts or substantially complicates any actions with protected data in electronic form. Another useful feature of such programs is that they allow you to track any illegal actions with protected data. Such access control methods have been actively used by authors and copyright holders since the development of the Internet and computers. Today, without them, it would be practically impossible to combat “piracy” and other types of copyright infringement. Technical methods of protection also help to save and increase profits to authors and copyright holders. Today, technical equipment is actively used in the United States, the Russian Federation, Europe and some Asian countries, such as China and Japan.
So, in the article we tried to explain what copyright protection is. A detailed description of this institute was presented, as well as methods for its implementation. In conclusion, it should be noted that the issue of authorship in the modern world often arises. Therefore, it is necessary to ensure its protection in the best way so that creative people can earn with their works.
