Computer programs and databases refer to special objects of copyright. According to Russian law, software code refers to literary works, and the developer will receive protection of the rights to a game or application immediately after the creation of the object or part of it. However, unlike the usual results of creative work, software can be registered with a certificate.
A developer or group of co-authors, customer of the software or a certain part of the program code, the employer of the author can patent the software. The registration procedure will be carried out only upon the application of the author and/or right holder, as the decision to obtain the certificate is voluntary. The patenting of the program or game is carried out according to the following rules:
If the developer decides to register the software product, all subsequent transactions for the sale or transfer of rights also need to be registered.
It is also possible to register a program or a game at the international level. To do this, you can apply to the national patent office of the selected state. In the U.S., software products are considered to be inventions, so you can get a patent for them.
Even without registration, the developer does not lose the opportunity to confirm the authorship by other means. To do this, the product can be placed in the limited free access through online resources, to publish a demo version with a limited set of functions. Confirmation of authorship is also allowed by placing the signs of legal protection on tangible or digital media - symbol "C" (copyright), the names or pseudonyms of the authors, the year of the first edition of the program.
The mode of protection will be valid throughout the life of the developer, as well as for another 70 years after his death. The division of rights between several authors is possible by agreement between them or in court. As a rule, such issues are resolved at the stage of software product development and are drawn up in the form of a single agreement.
In addition to the program code, it is possible to secure the rights to a number of other results of creative and intellectual labor related to the development:
The developer has the right to use the software product at his own discretion - to sell or distribute via the Internet, sell the rights to the program or transfer them on license terms. Other persons can use, copy or distribute the program only with the consent of the author and/or copyright holder. Absence of such permission is a copyright violation.
Let us highlight the most common categories of violations that the owner of a software product may face:
To protect their interests, the owner of a software product can use various methods provided by law. The copyright holder itself can detect the violation - by certifying pages from the Internet, purchase of a counterfeit copy of the program, control purchase in a retail or wholesale network. You can also file a complaint to law enforcement agencies, Roskomnadzor and other authorized agencies.
To protect the copyright of a computer program or game you can use the following methods:
When claiming damages, the copyright holder must justify the amount. When filing a lawsuit for compensation, the amount of compensation will be determined by the court - in the range from 10 thousand rubles to 5 million rubles, or double the value of the counterfeit goods or violated property rights. To prove the amount of damage, an expert examination will be carried out - at the initiative of the right holder, or by order of law enforcement authorities.