Copyright & Neighboring rights Flashcards
What works are granted protection by copyright?
Part IV of the Civil Code protects works of science, literature and the arts (copyrighted works) that are the result of a human’s creative activity. Absence of novelty, originality and uniqueness does not mean that the work is not a result of a creative activity and is not protected by copyright. Copyright protection arises automatically by virtue of the creation of a work of art without any registration requirements.
What rights does an author have?
An author enjoys personal (moral) rights (right of authorship, right to the name, right to public disclosure and the right to protect the integrity of a work) and proprietary (exclusive) rights (right of reproduction, distribution, import, public demonstration, public performance, translation, modification, etc.).
Personal (moral) rights are inalienable from the author (who can only be a natural person) and cannot be assigned or waived by agreement. However, it is possible, to a certain extent, to dispose of moral rights in a contract so that the copyright owner that is not the original author or a licensee of such owner may duly use the work. The proprietary (exclusive) rights to a copyrighted work may be licensed or assigned by virtue of a copyright license or assignment agreement, respectively.
Infringement of copyright may entail civil, administrative or criminal liability.
personal (moral) rights:
right of authorship
right to the name
right to public disclosure
right to protect the integrity of a work
proprietary (exclusive) rights:
right of reproduction
distribution
import
public demonstration
public performance
translation
modification, etc
What is the term of copyright protection in Russia?
The general term of copyright protection for all works, including software programs or databases, is the lifetime of the author/co-authors plus 70 years after the author’s death/death of the last of the surviving co- authors. The author’s moral rights (right of authorship, right to the name and right to protect the author’s reputation) are protected perpetually.
What objects are protected by neighboring rights?
The rights of performers, performance directors, phonogram producers, broadcasting and cable-casting organizations, database compilers and publishers are protected in Russia as neighboring rights.
Under the Civil Code, the neighboring rights’ owners enjoy proprietary (exclusive) neighboring rights in any case, while personal (moral) rights arise only for some objects (e.g., performances).
Neighboring rights arise automatically upon creation without any registration requirements.
What are the effective terms of neighboring rights protection in Russia?
The terms of neighboring rights protection for neighboring rights are as follows:
• for performances / staging a play — the whole lifetime of the performer/performance director but not less than 50 years from the year of first performance/recording of the performance/broadcasting of the performance/making the performance available to the public
• for phonograms — 50 years from the year of recording the phonogram/making the phonogram available to the public
• for broadcasting radio and TV shows — 50 years from the year of first broadcast
• for databases — 15 years from the year it was created/made available to the public
• for publisher’s rights — 25 years from the year it was made available to the public
The proprietary (exclusive) neighboring rights may be granted or assigned. Personal (moral) rights (if available) are inalienable from their rights holder and cannot be assigned or waived by agreement. However, it is possible, to a certain extent, to dispose of moral rights in a contract so that the neighboring rights owner that is not the original performer or a licensee of such owner, may duly use the work.
Personal (moral) rights are inalienable from their rights holder and cannot be assigned or waived by agreement
Личные неимущественные права неотчуждаемы от их правообладателя и не могут быть переданы или от них нельзя отказаться
Pursuant to
В соответствии с
