A small educational program on intellectual property rights

General provisions on intellectual property

I met when people, because of ignorance of the law, do not use all their opportunities, and do not use the rights that the law gave them. Therefore, I decided to briefly and understandably copy the essence of copyright.



In paragraph 2 of Art. 1255 of the Civil Code of the Russian Federation (hereinafter - the Civil Code) lists the copyright on the result of intellectual activity:

• exclusive right;
• copyright;
• author's right to name;
• the right to integrity of the work;
• right to publish the work.

Consider them in more detail ...

Exclusive right

According to Art. 1270 of the Civil Code of the Russian Federation:

The author of the work of the program or other rightholder has the exclusive right to use the work in accordance with article 1229 of this Code in any form and in any manner not contrary to the law (exclusive right to work). The rightholder may dispose of the exclusive right to the work (program).

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Copyright

According to paragraph 1 of Art. 1265 of the Civil Code of the Russian Federation:

The right of authorship is the right to be recognized as the author of the work of the program. Waiver of these rights is void.

Author's right to name

According to paragraph 1 of Art. 1265 of the Civil Code of the Russian Federation:

The author’s right to name is the right to use or authorize the use of a program’s work under one’s name, under an assumed name (pseudonym) or without a name, that is, anonymously, inalienable and non-transferable, including when transferred to another person or transferred to the exclusive right to work and when granting another person the right to use the work. Waiver of these rights is void.

The right to integrity of the work

According to paragraph 1 of Art. 1266 of the Civil Code of the Russian Federation:

It is not allowed to make changes, reductions and additions to the work program without the consent of the author, supplying the work with illustrations, prefaces, epilogues, comments or any explanations (right to the inviolability of the work). When using a work after the death of the author, a person who has the exclusive right to work has the right to allow changes, reductions or additions to the work, provided that this does not distort the author’s intention and does not violate the integrity of the work’s perception and does not contradict the author’s will expressed in testament, letters, diaries or other writing.

Right to make public

According to Art. 1268 of the Civil Code of the Russian Federation:

The author has the right to publish his work program, that is, the right to carry out an action or give consent to the implementation of the action, which for the first time makes the work available to the public through publication, public display, public performance, broadcast or cable or in any other way. In this case, publication (release) is the release into circulation of copies of the work, which is a copy of the work in any material form, in a quantity sufficient to meet the reasonable needs of the public based on the nature of the work.



An author who has transferred a work program to another person under a contract is considered to have agreed to the publication of this work.

Transfer of rights to the employer

According to copyright law (Civil Code of the Russian Federation, Part 4, Art. 1288, Art. 1296), an employee of a company transfers an exclusive right to the company, the right to immunity and the right to public disclosure. However, the right of authorship and the right of the author to the name remain with the author and cannot be transferred.



In order for the rights to be transferred to the employer: the employee must be formalized, have a properly executed labor contract and job description, which clearly outlines his duties, and there must also be proof that he created some kind of software (or part of it) a job assignment (for example, an order addressed by email or other means). If these documents are available, the company can be confident in its rights to software and other intellectual property.

Transfer of rights to the customer

According to copyright (art. 1296 of the Civil Code of the Russian Federation), the performer transfers to the customer:

• exclusive right;
• the right to immunity;
• right to make public;

on the product that was created in under the contract.



However, the right of authorship and the right of the author to the name remain with the performer and cannot be transferred.



It is also worth noting that the programs created during the execution of the contract, but are not subject to the order - all rights remain with the contractor. (according to article 1297 of the Civil Code of the Russian Federation)

The exercise of the author’s right to name

In the event that you worked under a contract and released a product, you have the right to claim that you were the developer of this product, and you can also require that the author be indicated on the product (for example, in the basement of the site or in the About window) ).



According to Article 1300 of the Civil Code of the Russian Federation:



1. Copyright information is any information that identifies a work, author or other copyright holder, or information about the terms of use of the work, which is contained on the original or copy of the work, is attached to it or appears in connection with a message on the air or by cable or bringing such work to the public, as well as any numbers and codes that contain such information.



2. With regard to works (programs) it is not allowed:

• deletion or modification of copyright information without the permission of the author or other copyright holder;
• reproduction, distribution, import for distribution, public performance, broadcasting or cabled, bringing to public knowledge of works for which copyright information has been deleted or modified without the permission of the author or other copyright holder.