A small educational program on intellectual property rights

General Intellectual Property Provisions

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

In paragraph 2 of Art. 1255 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation) the copyrights to the result of intellectual activity are listed:

• exclusive right;
• copyright law;
• author's right to a name;
• the right to inviolability of the work;
• the right to publish the work.

Let's consider them in more detail ...

Exclusive right

According to Art. 1270 of the Civil Code of the Russian Federation: The
author of a program work or other copyright holder has the exclusive right to use the work in accordance with Article 1229 of this Code in any form and in any way that does not contradict the law (exclusive right to work). The copyright holder may dispose of the exclusive right to a work (program).

Copyright

According to paragraph 1 of Art. 1265 of the Civil Code:
Authorship - the right to be recognized as the author of a program. The 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 a name is the right to use or authorize the use of a program’s work under his own name, under an assumed name (pseudonym) or without indicating a name, that is, anonymously, inalienable and non-transferable, including when transferring to another person or transferring to him the exclusive right to the work and when giving the other person the right to use the work. The waiver of these rights is void.

The right to inviolability of the work

According to paragraph 1 of Art. 1266 of the Civil Code:
It is not allowed without the author's consent in its work program changes, cuts and additions, supply the product when it is used illustrations, foreword, afterword, comments or whatever it was the notes (the right to inviolability of the work). When using the work after the death of the author, the person with the exclusive right to the work has the right to allow the introduction of 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 perception of the work and this does not contradict the will of the author expressly 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 of the program, that is, the right to take action or give consent to carry out an action that makes the work for the first time publicly available by publishing, public display, public performance, broadcasting or cable in any other way. At the same time, publication (publication) is the issuance of copies of a work, which are a copy of the work in any material form, in an amount sufficient to meet the reasonable needs of the public based on the nature of the work.

Author, transferred to another person under a contract of work the program for use 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, article 1288, article 1296), an employee of the company transfers to the company the exclusive right, the right to inviolability, and the right to make it public. However, the copyright 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 officially executed, have a properly executed labor contract and job description, which clearly outlines the scope of his duties, and there must also be evidence that he created one or another software (or part of it) by official assignment (for example, an order addressed by e-mail or otherwise). With these documents, the company can be confident in its rights to software and other intellectual property.

Transfer of rights to the customer

According to copyright (article 1296 of the Civil Code of the Russian Federation), the contractor transfers to the customer:

• exclusive right;
• right to inviolability;
• right to make public;

on the product that was created in the contract.

However, the copyright and the right of the author to the name remain with the contractor and cannot be transferred.

It is also worth noting that for programs created during the execution of work under the contract, but which are not the object of the order, all rights remain with the contractor. (according to Article 1297 of the Civil Code of the Russian Federation)

Exercise of the author’s right to a name

In the event that you worked under a contract and released a product, you have the right to assert that you were the developer of this product, and you can also require the author to 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. Information on copyright is recognized as any information that identifies the work, author or other copyright holder, or information on the conditions of use of the work, which is contained on the original or a copy of the work, is attached to it or appears in connection with the message on the air or by cable or by bringing such a work to the public, as well as any numbers and codes that contain such information.

2. In relation to works (programs) it is not allowed:

• Deletion or alteration of copyright information without permission of the author or other copyright holder;
• reproduction, distribution, import for distribution purposes, public performance, broadcasting or cable communication, making available to the public any works in respect of which copyright information has been deleted or changed without the permission of the author or other copyright holder.