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Понятие и признаки объекта авторского права: основные изменения в законодательстве и практике его применения

Понятие и признаки объекта авторского права: основные изменения в законодательстве и практике его применения

Abstract

On January, 1st, 2008 the part IV of the Civil Code of Russian Federation has come into force. At the same time a number of legal acts, including the Law of Russian Federation on Copyright and NeighboringRights from 09.07.1993 №5351-1 has become invalid. In spite of the fact that substantive provisions of the Law of Russian Federation on Copyright and Neighboring Rights have remained and found the reflexion in the part IV of the Civil Code of Russian Federation, nevertheless, there are the changes carrying not only editorial, but also semantic character. So, for example, has undergone change legislative definition of object of the copyright. Now in Civil Code of Russian Federation is absent direct instructions that the work should be «result of creative activity*. The author of article analyses the basic changes of the legislation in a part, concerning concept and signs of object of the copyright, conclusions concerning character of these changes are drawn. Thereupon the author considers also the joint Decision of Plenum of the Supreme Court of the Russian Federation № 5 and the Supreme Arbitration Court of the Russian Federation № 29 from March, 26th, 2009 «About some questions which have arisen in connection with introduction into force of the part fourth of the Civil code of Russian Federation*, testifying to changes in judiciary practice.

Keywords

ОБЪЕКТ АВТОРСКОГО ПРАВА,ПРИЗНАК,ТВОРЧЕСКИЙ ХАРАКТЕР,ПЕРСОНАЖ ПРОИЗВЕДЕНИЯ,ИЗМЕНЕНИЯ В ЗАКОНОДАТЕЛЬСТВЕ,ИЗМЕНЕНИЯ В СУДЕБНОЙ ПРАКТИКЕ

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold