Крылова и партнеры  /  Copyright is a sub-branch of civil law

Copyright is a sub-branch of civil law

Статьи регистрация товарных знаков, патентные поверенные,

Copyright is a sub-branch of civil law that regulates legal relations related to the creation and use of works of science, literature or the arts. In other words, copyright governs the use of the results of people’s creative activity in these areas. Also copyright protected computer programs and databases, which are equal to literary works and collections.

The term copyright is considered in two ways:

  • in an objective sense, copyright is a set of legal norms that are intended to regulate relations arising in connection with the creation and use of works of literature, science and art.
  • in the subjective sense, copyright is understood as a set of subjective rights that arise from the author in connection with the creation of a specific work of literature, science and art.

In the copyright, subjects and objects are distinguished.

The subject of copyright is an individual whose work created a work of science, literature or art, as well as other intellectual property – the author. The author acquires the whole complex of exceptional complex of exclusive property and personal non-property rights.

The object of copyright may be works of science, literature and art. The object of copyright can be recognized only if it is expressed in an objective form, allowing for the possibility of its perception.

Copyright performs two functions:

  • protects the interests of authors and their successors </ li>
  • protects the public interest by providing access to cultural treasures.

On the part of civil law, copyright, as a set of legal norms, is its integral part, therefore, the general provisions of civil law extend to copyright relations. The main ones are the provisions of the law of obligations. These provisions are intended to regulate the rights and obligations of parties to contracts for the use of copyrighted works. For example, the rules of the law of obligations regulate such issues as the rights and obligations of the parties to the contract, liability arising in the event of non-performance of the contract, etc. The usual conditions are also about the scope of competence to use works, the territory of use, the period of use.

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