Fundamentals and principles of copyright today.
Fundamentals and principles of copyright today
Principles of copyright
To define the concept, let us turn to the interpretation of the principles of copyrightin modern regulatory documents. Thus, copyright is usually understood as a set of norms of civil and other branches of law that regulate relations in the process of creating and using products of science, literature and art. Copyright principlesone person are based on a set of property and personal non-property rights belonging to the author in relation to a work of science, literature and art created by his creative work, possessing novelty and originality. As such, copyright is divided into several types: 1. property/non-property; 2. exclusive/non-exclusive. Briefly described, non-property copyrights are personal rights in relation to which it is impossible to carry out actions of purchase and sale, donation, etc., unlike property rights. Exclusive copyrights can be granted to a person who has the sole right to use a particular work. The owner of non-exclusive copyrights to a work is allowed to dispose of the work equally with the owner of exclusive rights who has transferred such rights, and other persons who have received permission to use the work, but he does not have the opportunity to transfer them. Legislative copyright principlesare enshrined in the following documents: the Constitution of the Russian Federation — Art. 44; the Law of the Russian Federation «On Copyright and Related Rights» of July 9, 1993 with additions and amendments of July 19, 1995; the Law of the Russian Federation «On the Legal Protection of Programs for Electronic Computers and Databases» of September 23, 1992; the Law «On Mass Media» of December 27, 1991 with subsequent amendments. There are also a number of legislative acts regulating relations related to copyright in specific cases.
Copyright Management
Like any other right, every citizen has the opportunity to exercise copyright management. The concept of collective management is documented. According to the legislation of the Russian Federation, the right and possibility of collective management of rights may arise after a unilateral expression of will by the copyright holder or on other legal grounds. According to the parameter of representation of all persons holding copyright, the following options for copyright management are distinguished: — representation of several persons at the same time; — a representative can only be a corporate legal entity that is a non-profit organization; — the represented are, as a rule, members of the representative, which determines the formation of the will of the representative by the represented; — a representative is created on the initiative of the represented; — representation is to a certain extent devoid of a personal-fiduciary character; — the range of powers of the representative is determined by law; — representation is carried out not only in relation to persons who authorized the collective management organization, but also those who did not grant authority; — representation in the collective management of copyrights determines the limitation of the principle of freedom of contracts.
Methods of copyright protection
It is obvious that many laws related to copyright are outdated, for example, the Law on Mass Media has not been reissued since 1991, although some changes have been made. The current situation of the distribution and mechanism of copyright in the sphere of mass media can be called extremely tense. This is especially true for methods of protecting copyright. Of course, there are documents that activate protective mechanisms in relation to copyright, aimed at protecting information rights. These include Article 1252 of the Civil Code of the Russian Federation, which states that the protection of the rights of a subject to the results of intellectual activity and means of individualization is carried out by presenting the following requirements for: — recognition of the right; — suppression of actions that violate copyright; — compensation for damages; — seizure of the material medium; — publication of a judicial decision on the violations committed, indicating the real copyright holder.
Among the methods of copyright protection on the Internet, special technical means are especially widespread today. They are represented by software or software and hardware that prevent the creation of copies of those information products under whose protection they are located. Some programs for ensuring the information security of personal data also allow you to track the copying process. Technical methods of copyright protection can automatically set restrictions on the period during which it is possible to view or reproduce the protected work. As a rule, the action of such programs is based on the fact that the copyright holder can enter a secret code and obtain the right to copy. It should be noted that the protective mechanisms available today are far from being at the highest level and are not able to provide a 100% guarantee in terms of protection against infringement of copyright.