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Критерий творчества как признак объекта авторского права

Критерий творчества как признак объекта авторского права

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 Neighboring Rights of 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 were reflected in the part IV of the Civil Code of Russian Federation, nevertheless, there are the changes having not only editorial, but also substantive nature. So, for example, has undergone change legislative definition of the object of copyright. Now the Civil Code of Russian Federation lacks a direct definition that the protected work should be «result of creative activity». The author of the article has analyzed the substantive changes in the legislation, concerning the notion and the signs of the object of copyright and made conclusions concerning character of these changes. In this regard the author considers also the Joint Ruling of the Plenary meeting of the Supreme Court of the Russian Federation № 5 and the Supreme Arbitration Court of the Russian Federation № 29 of March 26th, 2009 «On some questions which have arisen in connection with entry into force of the part 4 of the Civil Code of Russian Federation», as evidence of changes in law administration.

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
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