Check Creative Commons on the Civil Code of the Russian Federation

For example, you wrote a novel. Interesting. He fell into the hands of a publisher who wants to make money on your work of money. In this case, you must enter into an agreement. The point is not easy, you need to consider and agree on all the details. The approval process can take a very long time, but then it turns out that something is forgotten and not indicated, and as a result the novel is published, but you are not even the author.

I understand that the situation is hyperbolic. The point is that why reinvent the wheel when everything has been invented a long time ago. A non-profit organization Creative Commons (hereinafter referred to as the CC), which advocates the expansion of creative works available to others for distribution and use as a basis for other works, has tried for the authors. CC has issued 6 copyright licenses that can be taken ready-made and used as a licensing agreement. Companies that use these licenses and other CC news are in their blog .

The Creative Commons Attribution is one of the six major licenses provided by the non-profit organization CC. This license provides the greatest freedom for the licensee to use the work. It is suitable for authors who do not want money for their work, and are eager to follow the rules for the use of their works by everyone who wishes — an indication of the author, transfer further under the same license, etc.
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Is it possible to use this license by Russian copyright holders? To answer this question, it is necessary to understand whether the provisions of this license comply with the legislation of the Russian Federation.

To begin, pay attention to the list of intellectual property rights to which the license applies. According to clause 1, these include:

• “ Work ” means literary and / or artistic work. The license contains an extensive list of works that fully correspond to the concept of a work as an object of copyright and related rights (Art. 1259 and 1304 of the Civil Code of the Russian Federation).
• “ Adaptation ” is a work based on another work (works), including translation, adaptation, derivative work, arrangement of music or other changes in a literary or artistic work or phonogram. According to Art. 1260 these works correspond to the concept of " derivative work " and are subject to copyright.
• A “ collection ” is a collection of literary or artistic works, such as encyclopedias and anthologies, which, because of the selection and ordering of their content, are intellectual creations. These types of works correspond to the concept of “ composite work ”, as provided for by the legislation of the Russian Federation (Art. 1260 of the Civil Code of the Russian Federation).

The license is of a non-temporal, non-exclusive and gratuitous nature and is provided for the licensee to perform the following actions (Clause 3 of the license):

• " Reproduction " - the creation of copies of the work by any means. This concept as a whole corresponds to clause 2 of article 1275 of the Civil Code of the Russian Federation, however, in this article of the Civil Code of the Russian Federation there is a clarification that the creation of copies should not be used for the purposes of publishing the work.
• “ Creation or reproduction of adaptations ” - this method of using the work corresponds to clause 9 of clause 2 of article 1270 of the Civil Code of the Russian Federation - “ translation and other processing of the work ”.
• “ Distribution and public performance of the work (adaptation) ” - the specified ways of using the work correspond to clause 2 and clause 6 of clause 2 of article 1270 of the Civil Code of the Russian Federation - “ distribution ” and “ public performance ” of the work.

Clause 4 of the license establishes certain restrictions on its use by the licensee, in particular:

• The licensee must include a copy of the license or its Uniform Resource Identifier (URI) in each copy of the work;
• The licensee must not interfere with the use of this work by other persons, setting technological obstacles to such use;
• The licensee, in distributing the work, is obliged to keep intact all copyright notices for this Work.
• And other conditions.

It can be concluded that the license fully complies with Article 1235 of the Civil Code of the Russian Federation, which establishes that the licensee must use the works within the limits of the rights and in the ways established by the license.

Provisions on license termination also fit into the framework of Russian legislation.
It is worth paying attention to paragraphs. “C” of Clause 8 of the license, according to which, if one of the provisions of the license does not comply with the laws of the state in whose jurisdiction the work is used, the license continues to be valid for the rest.

Thus, a free CC license may well be used in Russia. First of all, it will be interesting to those authors who do not aim to extract profits from the works and want to streamline the use of their works by everyone.