- General Info
- Allied Rights
- Administration of Copyrights and Allied Rights
- Software and Databases
- Interesting Facts
Copyright is an established by the legislation right of some persons to works of science, literature or art created by creative activity of the same or other persons.
Accrual of copyright is directly connected with the fact work creation and no any special registration is nor required.
Work is a result of creative author activity. To be protected a work has to arise in author’s mind and to receive an objective form of expression that is to become available for perception of others. Article 1259 of the Russian Civil Code directly establishes that objects of copyright are works of science, literature and art, including literary, musical, audiovisual works, works of painting, a sculpture, graphics, design and others. Computer programs are also objects of copyright (they are protected as literary works).
Initially, an author possesses an exclusive right to his work. This right can be transferred to any third part under a contract (license contract, contract on alienation of an exclusive right for work).
A right-holder is authorized to put a sign of protection of copyright to notify the third parties about the rights.
Under the law a work is protected during author’s lifetime and 70 years after his death (last of authors at a co-authorship).
Personal non-property rights of the author are protected without any time limits.
Allied rights are the rights which have been caused be existence of copyrights.
Article 1304 of the Russian Civil Code stipulates five types of objects of allied rights:
- Performances of actors and band-masters, performances of directors (the action itself) if such performances are expressed in a form that allows their reproduction and distribution by means of technical means;
- Soundtracks that is any exclusively sound records of performances or any other sounds or their representations, except for sound records included in audiovisual work;
- Programs of the organizations of an on-air or cable broadcasting, including programs created by the organization of an on-air or cable broadcasting itself or by its order at its expense by another organization;
- Databases in the part of their protection from unauthorized extraction and reuse of their content;
- Scientific papers, literature and the arts published after their transition to public property, in the part of protection of the rights of publishers of such works.
Under the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations performers, producers of soundtracks, the broadcasting organizations are subjects of the allied rights. Though many countries adhere to this classification, some states have recently expanded number of subjects of the allied rights and have added first of all producers (manufacturers) of investment databases, audiovisual performances and publishers. Thus, subjects of the allied rights are:
- producers of soundtracks;
- broadcasting organizations;
- producers of investment databases;
- producers of audiovisual executions;
- publishers of posthumous works;
- successors of performers;
- employers of performers;
- assignees of legal entities;
- other owners of objects of the allied rights.
A possibility of use of a special sign of legal protection is provided by the legislation for the allied rights.
To actualize their exclusive rights for works right-holders of copyright can create organizations for the administration of rights on a collective basis. This possibility is stipulated in article 1242 of Russian Civil Code in following cases: 1) when individual enjoyment of rights is difficult; 2) when the Code provides that use of objects of copyright and allied rights is allowed without assent of owners but in condition of payment remuneration to them. Moreover, for management of copyright and allied rights nonprofit founded on membership organizations may be created so that they manage rights on a collective basis amenably to authorities conferred to them by right-holders (the organization on management of the rights on a collective basis).
The necessity of such organizations is determined by the fact that most right-holders of copyright and allied rights do not actualize their authority themselves, but pass the right to use the works to another person. In such conditions a situation when an author or another right-holder cannot control the use of his work may occur. The matter particularly concerns the use of a work on the radio, TV and in other ways, when a large number of works protected by copyright and allied rights, that belong to different legal entities, is used. Besides, the law allows situations when a work can be used in public performance without assent of right-holders but in condition of payment remuneration to them.
Acting on the basis of the contracts between organizations of collective management of the rights and right-holders is the main principle of the system of collective management of the right in Russian Federation. The basis for authority of such organizations is a written contract of transfer of authority for management of the rights, made by the organization and right-holder. Organizations that have state accreditation have also a right to manage rights and to collect remuneration for the right-holders that have not made such contracts.
Here are some examples of management organizations:
- Russian Authors’ Society (RAO)
- Russian Organization for Intellectual Property (VOIS)
- Russian Union of Right-holders
All types of computer programs that can be expressed in any language and form including incoming text and target code are protected as literary works. Computer program is a data set and commands that are presented in an objective form and are intended for functioning of a computer and other computer devices in order to achieve a certain result, including preparatory materials received during development of a computer program, and audiovisual displays generated by it. Article 1262 of the Russian Civil Code regulates a state registration of computer programs and databases.
During a period of an exclusive right to the computer program or to a database a right-holder can register voluntarily such program or such database in federal executive authority of intellectual property.
Computer programs or databases that contain data that is a state secret are not subject to state registration.
An application for state registration of a computer program or a database has to relate to one computer program or to one database.
An application for state registration has to include:
- A demand for state registration of a computer program or a database with specification of a right-holder and an author if he has not waived his right to be mentioned and a residence or a place of location each of them;
- Deposited materials identifying a computer program or a database, including review;
- A document confirming payment of the state tax (http://www.rupto.ru/norm_doc/sod/kodeks/nal_kodeks.html#30) in an established rate or existence of reasons for relief from payment of a state tax, or for reduction of its rate, or for a delay of its payment.
The Federal executive authority regulating legal sphere of intellectual property establishes rules of registration of an application for registration.
Card Patent does services in registration of the computer programs and/or databases
Copyright appeared in the XV century in the Republic of Venice which was the largest sea and trade power of that time. In 1476 the Patent and privileges for protection of inventions and works decree was adopted and on the 2rd of January 1491 a security paper for the book ‘Phoenix’ was issued to the legal adviser Peter from Ravenna which conferred him a right to allow to edit this book only to one publisher. Other publishers reprinting the book were fined for each copy and all reprinted books would be confiscated.
It was not by chance that legal protection of works which was subsequently called copyright appeared. In 1440 Johann Guttenberg invented a technology that allowed publishing mass books editions. Polygraphy extended widely in all developed countries of Europe and more than 30 thousand books of antique and modern authors were published during several decades.
Guttenberg's invention led to a wide circulation of the knowledge accumulated in expensive and rare hand-written books and it promoted renaissance and development of science, culture and education. The whole new era - Renaissance, or the Renaissance, - was caused by development of the printing industry. Later national copyright laws appeared in other countries too.
The first author's societies which were partly labor unions of authors and fought for recognition of the rights of authors on works, appeared in France in the XVIII century. The developed systems of collective copyright management were firstly created in the middle of the XIX century. In the XX century both so-called musical authors societies and societies managing rights to works of fine art and rights to audiovisual works began to appear. Collective management of the rights of performers developed gradually and during last decades collective management of the rights to soundtracks and other objects of the allied rights has been progressing.
Each country has its own principles of distribution of royalties. For example, the USA Act of private copying 1994 provides that collected sums of money are divided between two funds – a fund of sound recording and a musical fund. A sound recording fund which payments go to manufacturers of sound recordings (producers of soundtracks) and to performers uses only one criterion while dividing royalties – it is sales of both analog and digital sound recordings in the USA. A musical fund that pays to composers, poets and musical publishers has two criterions – they are sales of musical works in the USA and public translations of music records.
Formation of author's societies in Russia began in the 70th of the XIX century. Playwrights were the first to unite in order to protect their rights. Inspired and guided by Alexander Nikolayevich Ostrovsky they founded ‘Meeting of Russian drama writers’ in 1870. In 1874 on its basis ‘Society of Russian drama writers’ was created by 81 founders (all of them were Russian writers) that included Ivan Sergeyevich Turgenev, Aleksey Konstantinovich Tolstoy, Nikolai Semyonovich Leskov and many others. The authority and influence of this Society are proved by the fact that half a year after its creation a letter from the oldest both in Europe and in the world French Society of drama writers and composers was received. It offered to sign a Convention of translations which initiated international contacts of the Russian Empire in copyright.