The key peculiarity of the copyright regime is the absence of the rule about their compulsory registration. The creator of a work or other object of creative work may use alternative options to confirm copyrights, provided by law. This will allow to avoid problems when disputes with infringers arise, to achieve recovery of damages, confiscation of counterfeit products or removal of illegal content from the Internet.
Conditions of occurrence of the rights on the results of creative activity are identical on the national and international levels. Russia is a party to all international agreements and conventions in the field of copyright, and the relevant norms are reproduced in the Civil Code of the Russian Federation. Here are the rules, stipulated by the Russian legislation for emergence and confirmation of copyrights:
The author is not obliged to publish his work in order to prove his rights. However, the publication will considerably simplify the procedure of proving the authorship, if another person tries to specify himself/herself as the proper author of the work.
The law approved the list of results of author's work, which will be given legal protection:
The main condition for the emergence of copyright is the novelty and creative nature of the activity. If the work is created by processing another object, without bringing in the creative idea, no copyright will arise. However, if the original object has been modified with the author's consent, and contains elements of creativity, copyrights can be asserted over it.
The absence of a rule on the registration of copyrights significantly complicates the procedure of proving them. However, the law provides alternative options for proving:
For certain types of works it is possible to use other ways of proving authorship. For example, for objects of fine art, authorship can be confirmed through the exhibition of works at exhibitions and vernissages, the publication of photocopies in catalogs and collections.
For special objects such as computer programs and databases, voluntary registration is available. Such decision can be made by the developer himself for maximum protection of the software product. If the rights to the program or database are registered, all further transactions for the sale or transfer of rights are also subject to registration.
As a special procedure, rights to a work can be confirmed by registration through the U.S. Library of Congress. This procedure is available to an author from any country and provides the following rules:
This option of voluntary registration allows to obtain a documentary proof of copyright, and the certificate will be considered as a proper proof even in court.
Property rights can arise not only from the author of the work. The law allows such a form of transaction as an author's contract. Under the contract, the parties determine the characteristics of the future work, and after its creation, the customer will receive all the rights to the result of creativity. The availability of the copyright contract will also allow confirming the rights to the work in case of a dispute.
It is also possible to prove authorship in court. As a rule, it is necessary when infringements by other persons are revealed - plagiarism, illegal copying or distribution of copies of the work. The judicial act can be published in the media or otherwise made public, if it contains information about the proper author.
The personal rights of the creator of a work include the right to the name, to inviolability and naming of the work, and to publication. These rights have no property value, and the possibility of their protection will remain even after the expiration of the term of protection of exclusive rights.
Exclusive rights will be protected throughout the life of the creator, as well as 70 years after his death. After the death of the author, the exclusive rights will pass to the heirs or successors, and in their absence the work will be recognized as public domain. Property rights can be disposed of in the following ways:
In addition, the author may leave his work unpublished, or self-publish it on a commercial or royalty-free basis.
The copyright regime applies not only at the national level, but also at the international level. Most countries in the world have ratified the Berne and Geneva Conventions, which offer protection to authors of works. In most cases, the fact that a work has been made publicly available in the territory of one of the participating countries will be sufficient to grant such protection.
Since the creation of the result of creative work, the author has the right to protection from any infringement. The law understands as an infringement the use of a work without the consent of the author and/or right holder - illegal copying or distribution of copies, placement of content on the Internet, other forms of illegal use. The list of protection measures includes:
Similar protections can be used in any state where an infringement is detected.
Specialists of our company offer a full range of services related to the protection of copyright for the results of creative work. Protection of author's interests will be carried out in the following directions:
We will assist in verifying and proving copyright, bringing infringers to justice and recovering damages. You can find out more about the terms of work with our specialists at the consultation by phone, or through the feedback form.