Changes in copyright
On March 12, Federal Law N 35-FZ On Amending the Civil Code and other legislative acts on intellectual property regulation was signed.
The new law is actually reforming the current legislation on intellectual property - so significant and wide are the transformations that they introduce.
The most significant for IT companies changes in copyright, see under the cut.
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1) The issue of the possibility of concluding a license agreement for the use of computer programs with an end user on the basis of the common practice of including the text of the license agreement ( EULA ) in the software distribution package, presentation on packaging or in electronic form without indicating the amount of remuneration was resolved. In the current version of the Civil Code, the absence of an indication of the amount of remuneration deprives such a licensing agreement of legal force.
2) The Civil Code is supplemented by regulations on open licenses for computer programs and databases. It specifically states that an open license is a contract of accession, it may provide for a simplified procedure for its adoption by performing certain actions, unless otherwise specified, such a license is considered free of charge, the validity period is equal to the term of protection of the exclusive right to software, and the license is granted on the territory of the whole world (Art. 1286.1 and p. 2 of Art. 1308 of the Civil Code of the Russian Federation).
3) The exclusive right to any works created by order on the basis of a contract of work, will belong to the customer, unless the contract provides otherwise. Now this presumption is valid only for computer programs (Article 1296 of the Civil Code of the Russian Federation).
4) A conflict has been resolved between the said article 1296 of the Civil Code of the Russian Federation on a contract for the creation of works and the contract of author's order (Article 1288 of the Civil Code of the Russian Federation). The rules of Art. 1296 of the Civil Code of the Russian Federation do not apply to contracts in which the contractor (performer) is the author of the work itself (article 1288). The latter provides a reverse presumption - the rights are reserved for the author, unless otherwise provided.
5) The clarifications have been made to the basic rights to use a lawfully received copy of the program and database. It is provided that the user has the right to perform actions necessary for the functioning of a computer program or database (including during use in accordance with their purpose), including recording and storing in a computer memory (one computer or one network user), entering into the program for a computer or a database of changes solely for the purpose of their functioning on the user's technical means, correcting obvious errors, unless otherwise provided by the contract with the copyright holder. Moreover, such actions, along with the other rights specified in art. 1280, should not contradict the normal use of a computer program or database and should not unjustifiably prejudice the legitimate interests of the author or other copyright holder.
6) It has been determined that the court may take security measures commensurate with the scope and nature of the offense, aimed at curbing the unlawful use of works in information and telecommunications networks, in particular, to restrict access to materials containing illegally used works. The procedure for restricting access to such materials is established by the legislation of the Russian Federation on information. Now this procedure applies to movies. This refers to the question of the date when the amendments to the “anti-piracy legislation” will come into force.
7) Changed the scope of restrictions on the use of databases. It is allowed to extract materials from the database and to use them for the purposes for which the database is provided, in any volume, unless otherwise provided by the contract. It is also prohibited to repeatedly extract or use materials that make up an insignificant part of the database, if such actions contradict the normal use of the database and prejudice the legitimate interests of the database manufacturer in an unreasonable manner.
The changes come into force on October 1, 2014, with the exception of the provisions of Clause 1, which apply to licensing agreements, proposals for the conclusion of which were made after October 1, 2014.
The new law is actually reforming the current legislation on intellectual property - so significant and wide are the transformations that they introduce.
The most significant for IT companies changes in copyright, see under the cut.
')
1) The issue of the possibility of concluding a license agreement for the use of computer programs with an end user on the basis of the common practice of including the text of the license agreement ( EULA ) in the software distribution package, presentation on packaging or in electronic form without indicating the amount of remuneration was resolved. In the current version of the Civil Code, the absence of an indication of the amount of remuneration deprives such a licensing agreement of legal force.
2) The Civil Code is supplemented by regulations on open licenses for computer programs and databases. It specifically states that an open license is a contract of accession, it may provide for a simplified procedure for its adoption by performing certain actions, unless otherwise specified, such a license is considered free of charge, the validity period is equal to the term of protection of the exclusive right to software, and the license is granted on the territory of the whole world (Art. 1286.1 and p. 2 of Art. 1308 of the Civil Code of the Russian Federation).
3) The exclusive right to any works created by order on the basis of a contract of work, will belong to the customer, unless the contract provides otherwise. Now this presumption is valid only for computer programs (Article 1296 of the Civil Code of the Russian Federation).
4) A conflict has been resolved between the said article 1296 of the Civil Code of the Russian Federation on a contract for the creation of works and the contract of author's order (Article 1288 of the Civil Code of the Russian Federation). The rules of Art. 1296 of the Civil Code of the Russian Federation do not apply to contracts in which the contractor (performer) is the author of the work itself (article 1288). The latter provides a reverse presumption - the rights are reserved for the author, unless otherwise provided.
5) The clarifications have been made to the basic rights to use a lawfully received copy of the program and database. It is provided that the user has the right to perform actions necessary for the functioning of a computer program or database (including during use in accordance with their purpose), including recording and storing in a computer memory (one computer or one network user), entering into the program for a computer or a database of changes solely for the purpose of their functioning on the user's technical means, correcting obvious errors, unless otherwise provided by the contract with the copyright holder. Moreover, such actions, along with the other rights specified in art. 1280, should not contradict the normal use of a computer program or database and should not unjustifiably prejudice the legitimate interests of the author or other copyright holder.
6) It has been determined that the court may take security measures commensurate with the scope and nature of the offense, aimed at curbing the unlawful use of works in information and telecommunications networks, in particular, to restrict access to materials containing illegally used works. The procedure for restricting access to such materials is established by the legislation of the Russian Federation on information. Now this procedure applies to movies. This refers to the question of the date when the amendments to the “anti-piracy legislation” will come into force.
7) Changed the scope of restrictions on the use of databases. It is allowed to extract materials from the database and to use them for the purposes for which the database is provided, in any volume, unless otherwise provided by the contract. It is also prohibited to repeatedly extract or use materials that make up an insignificant part of the database, if such actions contradict the normal use of the database and prejudice the legitimate interests of the database manufacturer in an unreasonable manner.
The changes come into force on October 1, 2014, with the exception of the provisions of Clause 1, which apply to licensing agreements, proposals for the conclusion of which were made after October 1, 2014.
Source: https://habr.com/ru/post/215827/
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