Copyright Law Of The Russian Federation
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Copyright Law Of The Russian Federation
The current Copyright law of the Russian Federation is codified in part IV of the Civil Code of the Russian Federation. It entered in force on January 1, 2008. The first post-Soviet copyright law of the Russian Federation became effective on August 3, 1993. It completely replaced the older Soviet legislation that had been in effect until then. The new Copyright law of 1993 was based upon WIPO model laws and followed the continental European tradition: it clearly separated economic and moral rights, and it included detailed provisions for neighbouring rights. The Copyright law of 1993 had specified a general duration of copyrights of 50 years beyond an author's death, or 50 years since the publication of an anonymous work. The implementation act for the law made the new law apply retroactively, restoring copyrights (and neighbouring rights) on works on which the shorter copyright terms from the Soviet-era had already expired or which had not been copyrighted at all under Soviet la ...
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Civil Code Of The Russian Federation
The Civil Code of the Russian Federation (russian: Гражданский кодекс Российской Федерации, frequently abbreviated 'ГК РФ') is the prime source of civil code, civil law for the Russian Federation. The Russian Civil Law system descended from Roman Law through Byzantine law, Byzantine tradition. It was heavily influenced by German and Dutch norms in the 18th-19th centuries. Socialist-style modifications took place during the Soviet period (1922-1991) and Continental European Law influences since the 1990s. The Civil Code of the Russian Federation came into force in four parts. The first part, which deals with general provisions (i.e. defines sources, names Juristic person, legal entities etc.) was enacted by the State Duma in 1994 and entered into force in 1995. The second part (dealing with the Law of obligations) entered into force in 1996. The third part (inheritance, Succession law) entered into force in 2002. The document has certain basic ...
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Derivative Work
In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of an original, previously created first work (the underlying work). The derivative work becomes a second, separate work independent in form from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, Film adaptation, cinematic adaptations and Arrangement, musical arrangements are common types of derivative works. Most countries' legal systems seek to protect both original and derivative works. They grant authors the right to impede or otherwise control their integrity and the author's commercial interests. Derivative works and their authors benefit in turn from the full protection of copyright without prejudicing the rights of the original work's author. Definition Berne The Berne Convention for the Protection of Literary and Art ...
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WIPO Performances And Phonograms Treaty
The WIPO Performances and Phonograms Treaty (or WPPT) is an international treaty signed by the member states of the World Intellectual Property Organization and was adopted in Geneva on 20 December 1996. It came into effect on 20 May 2002. As of August 2021, the treaty has been 109 contracting parties. WPPT was adopted with an objective to develop and maintain the protection of the rights of performers and producers of phonograms in a manner as effective and uniform as possible. This treaty would not disturb the existing obligations that Contracting Parties have to each other under the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations done in Rome, 26 October 1961 (Rome Convention). Articles 18 and 19 of the WPPT provide similar obligations for performers and producers of phonograms to contracting states as provided under Articles 11 and 12 of the WCT. The Digital Millennium Copyright Act is the United States's imple ...
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Rome Convention For The Protection Of Performers, Producers Of Phonograms And Broadcasting Organisations
The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations also known as the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations and the Rome Convention, 496 U.N.T.S 43, was accepted by members of the United International Bureaux for the Protection of Intellectual Property (BIRPI), the predecessor to the modern World Intellectual Property Organization, on 26 October 1961. The Diplomatic Conference was jointly convened by BIRPI, the International Labour Organisation, and the United Nations Educational, Scientific and Cultural Organization. The agreement extended copyright related rights protection for the first time to entities or individuals who are not the author but have a close relationship to a copyrighted work, including performers, sound recording producers and broadcasting organizations. As of August 2021, the treaty has 96 contracting parties, with a party defi ...
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Freedom Of Panorama
Freedom of panorama (FOP) is a provision in the copyright laws of various jurisdictions that permits taking photographs and video footage and creating other images (such as paintings) of buildings and sometimes sculptures and other art works which are permanently located in a public place, without infringing on any copyright that may otherwise subsist in such works, and the publishing of such images. Panorama freedom statutes or case law limit the right of the copyright owner to take action for breach of copyright against the creators and distributors of such images. It is an exception to the normal rule that the copyright owner has the exclusive right to authorize the creation and distribution of derivative works. The phrase is derived from the German term ' ("panorama freedom"). History In the past, photography and other methods of visually representing public space were severely restricted, for reasons other than authors' rights. France prohibited such acts in the 19th cen ...
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Berne Convention
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, was an international assembly held in 1886 in the Swiss city of Bern by ten European countries with the goal to agree on a set of legal principles for the protection of original work. They drafted and adopted a multi-party contract containing agreements for a uniform, crossing border system that became known under the same name. Its rules have been updated many times since then. The treaty provides authors, musicians, poets, painters, and other creators with the means to control how their works are used, by whom, and on what terms. In some jurisdictions these type of rights are being referred to as copyright. The United States became a party in 1989. As of November 2022, the Berne Convention has been ratified by 181 states out of 195 countries in the world, most of which are also parties to the Paris Act of 1971. The Berne Convention introduced the concept that prote ...
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Resale Right
''Droit de suite'' ( French for "right to follow") or Artist's Resale Right (ARR) is a right granted to artists or their heirs, in some jurisdictions, to receive a fee on the resale of their works of art. This should be contrasted with policies such as the American first-sale doctrine, where artists do not have the right to control or profit from subsequent sales. History The ''droit de suite'' was first proposed in Europe around 1893, in response to a decrease in the importance of the salon, the end of the private patron, and to champion the cause of the "starving artist". Many artists, and their families, had suffered from the war, and ''droit de suite'' was a means to remedy socially difficult situations. According to Renaud Donnedieu de Vabres, ''droit de suite'' was created in France following the sale of Millet's 1858 painting, the '' Angélus'', in 1889 at the Secretan sale. The owner of the painting made a huge profit from this sale, whereas the family of the artist live ...
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Collecting Society
Copyrights can either be licensed or assigned by the owner of the copyright. A copyright collective (also known as a copyright society, copyright collecting agency, licensing agency or copyright collecting society or collective management organization) is a Non-governmental organization, non-governmental body created by copyright law or private agreement which licenses copyrighted works on behalf of the authors and engages in collective rights management. Copyright societies track all the events and venues where copyrighted works are used and ensure that the copyright holders listed with the society are remunerated for such usage. The copyright society publishes its own tariff scheme on its websites and collects a nominal administrative fee on every transaction. Copyright societies evolved out of the need to have an organised body for licensing and managing copyrighted works. Without copyright societies, it would be impossible for users like restaurants, malls and large events to ...
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Blueprint
A blueprint is a reproduction of a technical drawing or engineering drawing using a contact print process on light-sensitive sheets. Introduced by Sir John Herschel in 1842, the process allowed rapid and accurate production of an unlimited number of copies. It was widely used for over a century for the reproduction of specification drawings used in construction and industry. The blueprint process was characterized by white lines on a blue background, a negative of the original. The process was not able to reproduce color or shades of grey. The process is now obsolete. It was first largely displaced by the diazo whiteprint process, and later by large-format xerographic photocopiers. The term ''blueprint'' continues to be used less formally to refer to any floor plan (and even less formally, any type of plan). Practicing engineers, architects, and drafters often call them "drawings", “prints”, or “plans”. It has almost entirely been replaced with digital computer-aided ...
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Economic Rights
Economic, social and cultural rights, (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "''progressive action''" towards their fulfilment. The Universal Declaration on Human Rights recognises a number of economic, social and cultural rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights. The Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women recognises and protects many of the economic, social and cu ...
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Moral Rights (copyright Law)
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. The moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work allows the author to object to alteration, distortion, or mutilation of the work that is "prejudicial to the author's honor or reputation".
Berne Convention for the Protection of Literary and Artistic Works, September 9, 1886, art. 6bis, S. Treaty Doc. No. 27, 99th Cong., 2d Sess. 41 (1986).
Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights ...
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Neighbouring Rights
In copyright law, related rights (or neighbouring rights) are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". ''Neighbouring rights'' is a more literal translation of the original French ''droits voisins''. Both authors' rights and related rights are copyrights in the sense of English or U.S. law. Related rights vary much more widely in scope between different countries than authors' rights. The rights of performers, phonogram producers and broadcasting organisations are certainly covered, and are internationally protected by the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations signed in 1961. Within the European Union, the rights of film producers (as opposed to directors) and database creators are also protected by related rights, and the term is sometimes extended to include the ''sui generis'' rights in semiconductor topologies and other in ...
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