Copyright and Related Rights

In accordance with Article 1255 of the Civil Code of the Russian Federation, intellectual rights to works of science, literature, and art are considered copyright.

Copyright governs legal relationships arising in connection with the creation and use of works of science, literature, and art, including:

• literary works
• dramatic and musical-dramatic works, screenplays
• choreographic works and pantomimes
• musical works with or without lyrics
• audiovisual works
• works of painting, sculpture, graphics, design, graphic stories, comics, and other visual art
• works of decorative and applied art and stage design
• works of architecture, urban planning, and landscape architecture, including in the form of projects, drawings, images, and models
• photographic works and works produced by processes similar to photography
• geographical, geological, and other maps, plans, sketches, and three-dimensional works related to geography, topography, and other sciences
• other works

Computer programs are also classified as objects of copyright and are protected as literary works.

Copyright in a work applies regardless of its purpose, artistic value, or form of expression.

Unlike patent law, copyright protection arises by the mere fact of creation of a work and does not require the fulfillment of any formalities for legal protection.

The author has the right to use the copyright notice, which is placed on each copy of the work and consists of the symbol ©, the name of the copyright holder, and the year of first publication. The law also provides for the principle of presumption of authorship: in the absence of evidence to the contrary, the person indicated as the author on the original or a copy of the work is presumed to be the author.

Objects of related rights are not the result of creative activity but rather technical work that is closely connected with copyrighted works.

Objects of related rights include:

• performances
• productions
• phonograms (sound recordings)
• broadcasts via air or cable

In relation to these objects, exclusive rights to use them are guaranteed to performers, producers of phonograms, and broadcasting organizations. These rights arise from the moment of the first performance or production, the first publication or recording of a phonogram, or the first transmission by air or cable.

Related rights are closely tied to copyrights in specific works, which is why registration of related rights objects is rarely used in practice.

The specialists of NEVA-PATENT provide a full range of services related to the management and protection of copyright and related rights, including:

• oral and written consultations, preparation of written expert opinions
• drafting and legal analysis of all types of contracts related to the transfer of rights to use works (including agreements on assignment of exclusive rights, license and sublicense agreements, publishing agreements, and commissioned works), as well as related rights
• assistance in securing evidence in copyright infringement cases, including evidence found on the Internet
• pre-trial claims work (preparing claims, conducting negotiations)
• representation in courts of general jurisdiction and arbitrazh (commercial) courts in cases of copyright and related rights infringement