Copyright: objects and subjects. How to register copyright and how to check?

The chapter “Copyright: Basic Provisions” of the Intellectual Property Library talks about the basic principles of copyright in Russia. Before studying more specialized sections, it is necessary to understand what intellectual property is protected by copyright, what copyrights exist and when they arise and how long they last. You will find answers to these and other questions here. If you require more detailed information or a legal analysis of a specific case, we suggest that you seek legal advice by simply filling out the form on this page.

1. Objects of copyright.
2. Who is the author and copyright holder?
3. Origin and registration of copyright.
4. Types of copyright.
5. Exclusive right to a work.
6. Duration of copyright.
7. Copyright territory.

Copyright extends to works of literature, science and art. However, the law does not provide an exhaustive list of copyright objects, since new forms of creativity may be invented over time. The most common copyright objects are:

• Literary works
• Musical works
• Films (audiovisual works)
• Works of fine art
• Photos
• Computer programs and databases
• Works of architecture
• Dramatic works

Let us note once again that this list is open. But what unites copyright objects? All copyrighted objects are created as a result of the creative work of the author. Creativity is the main feature that distinguishes objects of copyright.

What is copyright?

Having invested time, effort, money, and mental labor into creating an object of art, song lyrics, a musical melody, a book, I want to protect the creation from plagiarism. Intellectual property is designated by copyright. This concept denotes and considers three definitions - the author (creator, individual), legal subject and object.

Objects and subjects of copyright

The concept of a subject in this case implies the designation of a copyright holder who has full control over the work, allows other people to use the material, or places a complete ban on use. These include all kinds of enterprises that acquire the exclusive right to use the brainchild of the author, employers (employers) who use the results of the mental work of employees, customers, heirs of the creator or other owner.

The objects of copyright are:

• Literature (including computer programs for electronic computers).
• Product and brand names, logos.
• Scripts, written dramas, musical and dramatic works.
• Pantomime and dance performances.
• Documented trade secrets.
• Visualized and audio works (films, videos, telecines, slides, etc.).
• A wide variety of fine arts (paintings, sculptures, graphics, design creations, comics, etc.).
• Creations of scenography, decorative and applied arts.
• Architectural, urban planning, gardening and park objects.
• Photographic photographs.
• Patented inventions, models, layouts, industrial designs.
• Technological developments of intelligent circuits.
• Sketch works, drawings, maps related to geography, geology, topography, etc.;
• OS for computer equipment.
• Achievements of selection.
• Revised works (translations, reviews, abstracts, reports, arrangements, etc.).

This also includes encyclopedic, anthological collections, information databases and other typesetting works. Objects and subjects of copyright are closely interrelated. Official bills, court decisions, and various administrative documentation cannot be legal subjects. Papers translated into foreign languages ​​are also not marked with authorship. Signs, symbols, currencies, orders, folk works, information messages, short slogans, and names remain unprotected at the legislative level.

What is the difference between an exclusive right and a non-exclusive right?

An exclusive or property right is the full disposal of a legal object. Its owner is a copyright holder who does not own the authorship, since the work was not created by him. The result of intellectual activity under such a directive can be used at his discretion - concluding user agreements, selling, etc.

Subjects of exclusive right can be inherited. For example, a singer who owns a song can sell the song, allow other singers to perform it, use it in movie soundtracks, etc. There are often cases when the author and the owner of the right are the same person.

A non-exclusive or compulsory right implies ownership of a legal object. In this case, the copyright holder can use the brainchild of intellectual work at his personal discretion, taking into account contractual requirements. Such works cannot be inherited, sold, or donated.

The author has legal rights to the works he created

Laws of the Russian Federation and international agreements on copyright

For the first time, such a concept as copyright protection arose in the 18th century in Britain. Documents certifying the fact of ownership were issued in the presence of visual materials - books, sketches, maps, etc. The copyright term was 14 years. After time, it could be sold or extended.

Nowadays the legislation is significantly different. It sets out standards both in the Russian Federation and at the international level. On the territory of Russia, copyright is protected by the Civil Code, the Constitution, Federal Law No. 5351-1, Federal Law No. 35 . Also in defense is the World and Berne Convection (the latter involves consideration of issues relating to literary and artistic creations). When resolving disputes, the WIPO Treaty, the TRIPS Agreement, and EU Directive No. 2001/29/EC are also taken into account.

Speaking about the protection of intellectual property, one cannot fail to mention such a concept as the “presumption of copyright”, considered for the first time in 1995. In this case, authorship is attributed to the person whose name appears first in the list, on the cover, etc. The situation can be challenged by proving that the author is another person.

Video: Russian law on copyright

Types and classification

In Art. 1259 of the Civil Code of the Russian Federation lists the following types of works that are objects of AP:

• literary works (stories, poems, etc.);
• film scripts, plays and other musical and dramatic productions;
• dance compositions and pantomimes;
• musical works with and without text accompaniment;
• works of audiovisual form;
• artwork (paintings, sculptures, etc.) and other works of fine art;
• decorative and applied products and scenographic works;
• architectural structures, landscape and garden work, including drawings and designs;
• photographs and similar works;
• maps, sketches, plans developed in the field of geography;
• computer programs that are protected by copyright as literary works;
• other works.

There is also another classification. Thus, AP objects are divided into:

1. Original and derivatives . In the first case, the creation as a whole was created only on the basis of the author’s own ideas, and in the second, the author could use existing details of other works or modify them at his own discretion.
2. Simple and compound . In composite works, authorship is awarded for creativity in the treatment and arrangement of pre-existing material.
3. Published and unpublished . Publication means the author's familiarization of the public with his creation.

The legal regime of a work of authorship is also influenced by the method of its creation. All objects can be classified into the following groups:

• as part of the performance of job duties (official works);
• at the customer's request;
• performing work under a government contract;
• performance of work under another agreement.

About how to obtain copyright:

• for a book;
• for poetry;
• to the photograph;
• to song and music;
• in the Internet;

read the linked articles.

How to register copyright?

The process of registering legal ownership of the results of intellectual activity is painstaking and requires contacting a specialist. A notary or employees of a law office will help you prepare the documentation legally. On the territory of the Russian Federation there are enough organizations and bodies involved in official registration and entering the assigned certificate number into the register.

Experts will tell you in detail how to register copyright and provide a list of documents required for this. Often the list is represented by the following papers :

• A hand-filled application.
• Creation of intellectual work (original or provision of information on electronic media - disk, flash drive).
• A signature certifying the originality of a CD/DVD, etc., belonging to an authorized person (author or owner), which is applied with indelible ink, paint, or marker.
• Seal of the legal entity (if available).
• A list of applications containing information about the provision of digital media, where the number of documents and sheets is indicated.
• An abstract description in several lines, revealing the purpose and content of the work, with the author’s signature – 2 copies.
• Title page issued by the patent office.
• Personal information of the author.

The copyright registration service is also provided on a paid basis by specialized offices. In this case, employees of such an organization deal with all kinds of paperwork. The client only needs a passport and the original of the intellectual property.

Notary offices, in addition to examination, issue paper on deposit, which provides for the transfer of one copy of the registered object of the notary for indefinite storage. This is a kind of reinsurance in case of copyright infringement and bringing the case to court.

Summarizing the above, it is worth mentioning that the registration procedure is not mandatory. Rather, it is a guarantor for the copyright holder, the author, or both in one person. If disputes arise, the owner of the intellectual work will be able to prove ownership. Entering information about the fruit of mental labor into the registry helps to easily conclude licensing agreements.

Sample applications for copyright registration

Notary offices offer clients printed application forms, which are filled out directly at the firm's office. But you can go to the organization already prepared by downloading a sample on the Internet. The form is practically the same. In the header of the form, the applicant indicates the last name, first name, patronymic, passport and series number, as well as information about who and when the identity document was issued. Next, enter your residential address, contact phone number and e-mail.

The application itself again fully indicates the full name, objects of copyright (types of the result of intellectual activity), date of creation, name. The bottom column sets permission to use a short description for information interested parties. The date and signature of the applicant are placed.

Most notary offices will offer escrow

If there are several co-authors, it is important to determine their participation shares when registering

If you have doubts about the correctness of the application, you can ask a notary (registration specialist) for a sample.

Duration of copyright

Until 1993 inclusive, the validity period was 25 years. Given the inconvenience and length of the period, in 2004 it was decided to amend the legislative framework relating to copyright issues. The changes are associated with the high quality of previously created works and the scarcity of the subject of intellectual labor. After the specified time, the property passed into common use, ceasing to belong to one person. After amendments, the period will extend to 50 years after the death of the author.

In 2021, deadlines have become even more flexible. According to the new legislation, exclusive copyright is valid throughout the life of the author and for 70 years after his death. The period is counted from January 1 of the following year. If the work belonged to other co-authors, then the countdown begins from the date of death of the last co-owner. For example, if the last author died in 2000, then copyright will only expire in 2071.

If the registration of intellectual property took place only after the death of the creator, the period is 70 years from the date of publication of the copyright object. Subsequently, the work becomes public property, available for use for any purpose (with the exception of cases contrary to the law). At the same time, changing the arrangement, making remakes, etc., the integrity and name of the author are preserved.

Judicial mechanism

If it is not possible to reach an agreement with an individual or legal entity that illegally used your intellectual property in a pre-trial (claim) procedure, you have every right to go to court. Cases of intellectual rights violations are considered:

• city, district and interdistrict courts of general jurisdiction (first instance);
• courts of appeal of general jurisdiction (second instance);
• intellectual property court (third instance).

In exceptional cases, legal protection of copyright requires appeal to judicial panels and the Supreme Court of the Russian Federation. The RF Armed Forces is a supervisory body. Considers only complaints by way of supervision.

To defend his rights, the plaintiff goes to court with a statement of claim, which must include the following information:

• name of the violator;
• the address of the site on which the content was illegally posted;
• required amount of compensation;
• information that the plaintiff did not give permission to the defendant to use his intellectual property.

In accordance with the copyright protection article 1301 of the Civil Code of the Russian Federation, the author can demand that the infringer pay compensation in the amount of 10 thousand to 5 million rubles, but the amount of compensation is ultimately determined by the court after considering all the circumstances of the case.

In addition, the plaintiff must provide the court with:

• evidence of your own authorship (for example, a certificate of deposit);
• in the event of illegal use in the digital environment - a notarized protocol of the site inspection, with a list of illegally used works;
• a receipt for payment of the state fee for filing a claim.

Any of the parties has the right to file an appeal to a higher authority within a month after the decision in the case was made by the court of first instance.

How to check copyright online

In the age of technological development, with the presence of the Internet and a means of accessing the World Wide Web, there are no problems with resolving the issue of how to check copyrights. To check the authorship of any result of intellectual activity, you must use the Google or Yandex search engine.

Image copyright

You need to select a function: search by image, my pictures or moderate search

If it comes to a photograph, the image is typed into the search bar. There is no need to create your own account or log in. You just need to click on the camera logo. In the pop-up window, you need to select the appropriate item - “Select a file” or “Enter the address of the picture.” We will need the first option. When you click this button, a list of files on your PC will open. All that remains is to choose a photo. The search engine will display a list of similar or identical images (if any), dimensions of the painting, author, title.

Search engines provide search results even for unknown works, for example, photos from social networks

Copyright for a literary work

You can also check the textual fruit of intellectual work for the presence of an author (story, poem, abstract, report, lyrics, etc.) by using an Internet search. To do this, enter the title of the work, the first few lines or sentences into the search bar (with the exception of quotations used in scientific papers). When exact matches of these fragments are found, authorship is easily established.

If the found text is supported by the Copiring icon, this indicates that the creator indicates his own copyright. Additionally, the resource may indicate the year of publication and the examination number, which indicates that the work is in the register.

If the work is published on the official server, then authorship is registered

In addition, to simplify the search, you can use anti-plagiarism programs that detect copies in text documents. This method will help you see the percentage of matches and will transfer you to a site that has similar text.

Video copyright

In this situation, you will no longer be able to use search engines, since they do not provide search for videos. You can find out about the copyright of a video by using the Youtube video hosting service. Create your own channel linked to email. The video is loaded onto it. If there is a similar story on the Internet and the authorship, the downloaded content will be blocked by the copyright holder.

This is what a video blocked for copyright infringement looks like

It is worth saying that this does not happen at lightning speed. It takes time for the hosting administration to check the material. After which a notice of copyright infringement is sent to the specified mailbox. In some cases, the video remains available to users and the channel owner. But permission to monetize is limited. In simple words, there will be views, but there will be no income from them.

Music copyright

Youtube hosting also comes to the rescue in this situation. There are two ways to check whether a piece of music has an author. The first is to download a video with the desired composition. If the authorship is assigned to someone, the video will be blocked by the administration and an information notification will be sent by email.

The second method is to enter the name of the song, melody, and author’s name in the search bar. If copyright is claimed, a warning window immediately pops up. You can also use special plugins or resources (the service may be paid). Classical compositions, music collections, etc. are checked in a similar way.

The authorship verification system instantly produces results

Examples

For clarity, here are a few examples of copyrighted objects:

1. "The Dark Tower" series of novels by Stephen Edwin King is an author's literary work.
2. Microsoft Windows is a computer operating system developed by Microsoft.
3. The painting “Oriental Dreams” by Sergei Marshennikov is a work of art.

If we talk about characters, then, for example, the US Court of Appeals recognized the character “Batmobile” from comics as a separate object of AP.

Find out all the most important things about the copyright symbol in the article at the link.

Can copyright be transferred?

The result of a person’s intellectual activity is his property. Accordingly, the copyright holder has the right to dispose of personal work at his own discretion. Along with this, the question arises whether copyright can be transferred. The answer is yes! And this is done in several ways on the basis of a legal contract. The announced document regulates the purposes, procedure and conditions of the transfer.

On one side of the contractual agreement is the individual who owns the authorship. On the other hand, there is a legal or natural person acquiring rights.

On the territory of Russia, things are simpler with the transfer of copyrights than in Western and European countries. Some points are interpreted ambiguously. Therefore, contractual clauses should be clearly formulated.

Now a few words about another method of transmission - inheritance. For example, the musician did not allow anyone (including relatives) to use the accumulated material. The author soon died. His daughter became the heir to his property, including a collection of music. She remains the copyright holder until the end of her life, and also for 70 years after death.

Forms of transfer of copyright

There are several forms of transfer of ownership of the fruits of intellectual labor. The first is an author's non-exclusive agreement (we provide for a kind of lease), which allows the use of the work with strict adherence to the prescribed contractual terms by the legal successor.

The second form is the gratuitous transfer of exclusive rights (analogous to a deed of gift). For the author of intellectual property, this is the most unprofitable method, since in the future he will not be able to use his own creation without the permission of the official assignee.

The third type is the sale of rights on the basis of an agreement, which stipulates the mandatory legality of the use of the acquired material by the receiver. The buyer has the right to use the results of the author’s activities for any purpose. The latter receives a monetary reward from the acquirer.

Another form is inheritance . During his lifetime, the owner of intellectual property can make a will indicating the name of the heir. Otherwise, all copyrights pass to the rightful recipient, according to priority by relationship. In the case of drawing up a notarial document, the heir can be any person, regardless of family ties, social status, or age.

Video: Methods for transferring copyright