Copyright holder – who is this? Studied the subjects of copyright

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2018-03-27 09:07:18

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Often in everyday life we encounter such a thing as copyright. Let's see what it is.

Terminology

From an objective point of view, copyright – it is a civil institution, involved in the regulation of relations connected with the recognition and protection of authorship. There is another interpretation.

In the subjective sense is the legally protected rights of an author in works of art, literature and science, i.e. something that was created in the process of creative activity.

Subjects of copyright

As subjects of copyright there may be authors and copyright holders.

Owner is

Author – a physical person whose efforts had created some work of art, literature, science, and other intellectual property.

The Man who was recognized by the author, available a full range of copyright.

The holder – a physical person or legal entity which legally owns the copyright. And it can go to it due to various circumstances.

Why these concepts is to distinguish?

The Author is any person who could create something in the process of creative activities (wrote a book, opened a new field in science, etc.).

The Rightholder, in turn, will not necessarily be the author. Before us right can come to him in force of the Treaty, legislative act. For example, various broadcasters can acquire exclusive rights to use any information in your broadcasting.

So, each author holds copyright, but not every franchisor – the author.

Subjective rights of participants of legal relations

In accordance with the law, copyrights can be divided into economic and moral.

Copyright

The Latter include the following rights:

  • For legal recognition of authorship in respect of his work;
  • The name (i.e. the possibility to publish their works using their own name and pseudonym);
  • A free and open rendering of his work on display;
  • To protect the dignity and reputation of the author.

Moral rights are generally perpetual.

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It is Worth mentioning that they apply only to natural persons, i.e. authors. Rights holders also can't always count on such rights.

The fact that this can be persons and legal entities. This fact once again emphasizes that the right holder – this is not necessarily the author of the work.

Author copyright holder

Go directly to property rights. These include:

  • The right to free and legal distribution;
  • On the display of the product and material design (on paper, in photo - audio - video, etc.);
  • On the import of copies of works for further distribution (this includes those publication which reinforced the consent of the right holder);
  • Committing various acts in relation to the work not contrary to the law and exclude the plagiarism (translation, arrangement, original processing).

The Actors in the distribution of property rights are both physical and legal persons, i.e. authors, copyright holders.

These rights, in turn, have a duration: 1281 according to article of the civil code (the acronym for “Civil code of the Russian Federation”), property take place throughout the life or existence of the owner, and for seventy years after his death or the dissolution of the organization.

Copyright

A List of works that can be called this way, is set out in 1259-th article of the civil code. According to its content, subject to copyright may admit all that has been obtained as a result of creative and intellectual activities.

the consent of the rightholder

Copyright is not recognised:

  • The formal documentation arising from the activities of public authorities;
  • Symbols and emblems of States and other public entities (emblems, awards, signs the currency symbol, etc.);
  • Folklore (works that exist, without specifying the author, is formed, usually based on folk traditions or customs);
  • Works bearing an exclusively informational nature (applied to things, the schedule of city buses, etc.);

In Addition, as the copyright can't be ideas, original ways of achieving goals, solving problems, and programming languages.

Methods of copyright protection

Naturally, the franchisor – this is the only subject to whom the work belongs. But there are times when to protect the rights of authorship rather difficult for the reason that the person is simply not enough evidence, on top of that, needs to be backed by law.

Protection of the right holder

Guaranteed to protect copyrightrights in several ways.

  • To Seek the assistance of the notary. In this case, first the product is transferred to a tangible medium (digital, paper), after which it is necessary to assure (this procedure does not free the holder is the must consider).
  • To Publish the work in any source (for example, written by the author of the poems can be printed in a magazine or put on the Internet portal).
  • Send a letter by mail to yourself, and on arrival it do not open the envelope. Lawyers believe that such protection of the right holder through the trick – the most reliable.

To alert third parties that the work is protected from plagiarism, we may resort to the use of a special sign of protection that represents the Latin letter "C" in circumference.

In some countries, the author, the copyright owner can be held liable for the use of the sign for the simple reason that it indicates information that is not true.


Article in other languages:

AR: https://tostpost.com/ar/the-law/2271-copyright-holder-who-is-this-studied-the-subjects-of-copyright.html

BE: https://tostpost.com/be/zakon/4002-prava-ladal-n-k-geta-hto-vyvuchaem-sub-ekty-a-tarskaga-prava.html

DE: https://tostpost.com/de/das-gesetz/4001-der-rechtsinhaber-ist-wer-studieren-sie-die-themen-des-urheberrechts.html

ES: https://tostpost.com/es/la-ley/4006-el-titular-de-los-derechos-que-es-esto-estudiamos-los-sujetos-del-dere.html

HI: https://tostpost.com/hi/the-law/2272-copyright-holder-who-is-this-studied-the-subjects-of-copyright.html

JA: https://tostpost.com/ja/the-law/2271-copyright-holder-who-is-this-studied-the-subjects-of-copyright.html

KK: https://tostpost.com/kk/za/4004-y-ielenush-b-l-k-m-izuchaem-sub-ekt-ler-avtorly-y.html

PL: https://tostpost.com/pl/prawo/4006-w-a-ciciel-kto-to-badamy-podmioty-praw-autorskich.html

PT: https://tostpost.com/pt/a-lei/4003-o-titular-dos-direitos-o-que-estudando-os-assuntos-de-direitos-autorai.html

TR: https://tostpost.com/tr/hukuk/4009-oyun-sunucusu-bu-kim-al-ma-konular-telif-haklar.html

UK: https://tostpost.com/uk/zakon/4006-pravovlasnik-ce-hto-vivcha-mo-sub-kti-avtors-kogo-prava.html

ZH: https://tostpost.com/zh/the-law/2457-copyright-holder-who-is-this-studied-the-subjects-of-copyright.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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