Реферат: The copyright rights
Concept and product signs
The copyright extends on products of a science, the literature and the arts which are growing out of creative activity, irrespective of appointment and advantage of product, and also a way of its expression.
The legislation does not open the maintenance of concept "product" in spite of the fact that it is basic concept of institute of the copyright. It speaks that any possible definition of concept "product" cannot to define in the exhaustive image the given object of a right protection. Attempts to make definition to concept "product" repeatedly were undertaken in the copyright theory. The most successful and, therefore, the most widespread, is the definition formulated by V.I. Serebrovskiy: «product is a set of ideas, thoughts and the images which have received as a result of creative activity of the author the expression in accessible to perception by human feelings to the concrete form, supposing reproduction possibility ».
To be protected by the copyright, product should be expressed in any objective form . Product is an object ideal; it initially arises in consciousness of the author as a complex of ideas, thoughts and images, in the form of a creative plan. Until, as product not begins to exist out of consciousness of the author, does not become the independent phenomenon of an objective reality, there is no necessity legislatively to establish legal connection between the author and its product. If product cannot be used other persons, there is no subject of legal regulation for norms of the copyright. Differently, product should exist in shape which is separated from the person of the author and has got independent life.
Product can be presented in following forms:
- Written (the manuscript, typewriting, a musical notation etc.);
- Oral (public pronouncing, public execution etc.);
- video-recordings (mechanical, magnetic, digital, optical etc.);
- Images (drawing, the sketch, a picture, the plan, the drawing, cinema - a body - video-or a photoshot etc.);
- Volume-spatial (a sculpture, model, a breadboard model, a construction etc.);
- In other forms.
However not any objectively existing work is protected by the copyright. The copyright extends only for the works which are growing out of creative activity . As creative activity recognise the independent intellectual activity of the person directed on creation of an image of the future product and its embodiment in any objective form.
The copyright does not regulate process of creation of product. Therefore for the question decision about products crucial importance has not character of activity on product creation, and a corresponding sign of the product created as a result of this activity. A sign of that product grows out of creative activity, the majority of researchers name its novelty; some scientists use the term "originality". Novelty (originality) of product is expressed in the new maintenance, the new form of product. Thus novelty of the idea taken as a principle of product, does not influence novelty of the product from the point of view of the copyright. The same idea, the same plot can be used the different authors, however each of the products, comprising the same idea (a subject basis), reflects the person of the author and is perceived by a society as new, independent product. It is possible to tell that any creative product is characterised by originality, novelty, originality and uniqueness .
Granting of protection to product does not depend on its appointment and advantage . Advantage is understood as the various merits of product concerning its form or the maintenance: the theme urgency, art value, scientific depth, author's style etc. copyright Appointment as a whole consists not in selecting worthy products, and in providing interests of the founder of product when its product can be used other persons. By the copyright any products in which creativity and which possess the signs of object of the copyright provided by the legislation is shown should be protected.
The products protected by the copyright
The approximate list of objects of the copyright is named in Law item 7 «About the copyright both the adjacent rights» and item 993 ГК. To the products protected by the copyright, concern:
- Literary works (books, brochures, articles, etc.);
- Drama and is musical-drama products, choreography and pantomime products and others сценарные products;
- Pieces of music with the text and without the text;
- Audiovisual products (cinema - a body - video films, filmstrips both other film-and teleproducts);
- Products of a sculpture, painting, a drawing, lithograph and other products of the fine arts;
- Applied art products;
- Products of architecture, town-planning and landscape gardening art;
- Photographic products and the products received in the ways, similar to a photo;
- Cards, plans, sketches, illustrations and the plastic products concerning geography, topography and other sciences;
- Computer programs;
- Other products.
Products of all genres of fiction concern number of literary works , scientific works (articles, reports, etc.), the educational literature, speeches, reports, sermons and other oral products; journalism products (articles, interview, discussions, etc.), business and personal correspondence, etc. Thus literary works can exist not only in written, but also in other objective form.
Drama products are rather close to literary works. Isolation of drama products is caused by specificity of art means of expression of thoughts of the author inherent in them as in drama products the basic accent becomes on a statement of creative idea by means of monologue and dialogues of characters.
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