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
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
Copyright
According to paragraph 1 of Art. 1265 of the Civil Code:
Authorship - the right to be recognized as the author
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
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
Right to make public
According to Art. 1268 of the Civil Code of the Russian Federation: The
author has the right to publish his
Author, transferred to another person under a contract of
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.