Copyright is the rules governing civil law relations between subjects on the use of works of science, literature and art. Such relationships arise as a result of the creation of a work by the author.
With respect to the work, the author has copyright, which are the basis for copyright agreements.
Duration of copyright.
In accordance with Article 1281 of the Civil Code of the Russian Federation:
The exclusive right to work is valid throughout the life of the author and 70 years from January 1 of the year following the year of the author’s death. The exclusive right to a work created in co-authorship is valid throughout the life of the author, who survived the other co-authors, and seventy years, beginning on January 1 of the year following the year of his death.
For a work published anonymously or under a pseudonym, the term of the exclusive right expires seventy years from the 1st of January of the year following the year of its legitimate promulgation. If during the specified period the author of a work promulgated anonymously or under a pseudonym reveals his identity or his identity does not further leave any doubts, the exclusive right will be valid for the period established by clause 1 of this article.
The exclusive right to a work promulgated after the death of the author is valid for seventy years after the publication of the work, starting from January 1 of the year following the year of its publication, provided that the work was made public for seventy years after the death of the author.
Objects of copyright.
In accordance with Article 1259 of the Civil Code of the Russian Federation, the objects of copyright are:
Works of science, literature and art, regardless of the merits and purpose of the work, as well as the way it is expressed:
literary works;
dramatic and musical dramatic works, screenplays;
choreographic works and pantomimes;
musical works with or without text;
audiovisual works;
works of painting, sculpture, graphics, design, graphic stories, comics and other works of art;
works of arts and crafts and stage design;
works of architecture, urban planning and landscape art, including in the form of projects, drawings, images and models;
photographic works and works obtained by methods similar to photography;
geographic, geological, and other maps, plans, sketches, and plastic works related to geography, topography, and other sciences;
other works.
Objects of copyright also include computer programs that are protected as literary works.
Objects of copyright include:
derivative works, that is, works that represent the processing of another work;
composite works, that is, works that are the result of creative work according to the selection or arrangement of materials.
Copyright extends to both published and unpublished works expressed in any objective form, including in written, oral form (in the form of public pronouncement, public performance and other similar form), in the form of an image, in the form of sound - or video recordings, in volumetric-spatial form.
For the emergence, exercise and protection of copyright does not require registration of the work or compliance with any other formalities.
Regarding computer programs and databases, registration is possible at the request of the copyright holder in accordance with the rules of Article 1262 of this Code.
Copyright does not apply to ideas, concepts, principles, methods, processes, systems, methods, solutions of technical, organizational or other tasks, discoveries, facts, programming languages.
Are not subject to copyright:
official documents of state bodies and bodies of local self-government of municipalities, including laws, other regulations, judicial decisions, other materials of a legislative, administrative and judicial nature, official documents of international organizations, as well as their official translations;
state symbols and signs (flags, emblems, orders, bank notes, etc.), as well as symbols and signs of municipalities;
works of folk art (folklore), not having specific authors;
messages about events and facts that are for informational purposes only (messages about the news of the day, TV programs, vehicle schedules, etc.).
Subjects of copyright.
An author can always be only a citizen who is the original copyright holder. If the work is the result of the work of two or more authors, then all of them are considered co-authors. Co-authorship is of 2 types:
  • indivisible (if an indivisible object is created)
  • separate.
  • The relationship of the co-authors is determined by agreement between them.
  • Copyright protection.
  • In accordance with Article 1301 of the Civil Code of the Russian Federation in cases of infringement of the exclusive right to work, the author or another right holder, along with using other applicable methods of protection and liability measures established by the Civil Code (articles 1250, 1252 and 1253), has the right in accordance with paragraph 3 of article 1252 of this Code, at its discretion, require, instead of compensation for damages, to demand payment of compensation:
  • in the amount of from ten thousand rubles to five million rubles, determined at the discretion of the court;
  • in double the value of copies of the work or in double the value of the right to use the work, determined on the basis of price, which under comparable circumstances is usually charged for the lawful use of the work.
  • Also, the owner of exclusive copyright may require either the destruction of all copies of the work, made by illegal means, or the transfer of these copies to him.
  • The cost of our services for the legal protection of your copyright: from 10 000 rub. depending on the complexity of the task and the amount of work performed.