Реферат: The copyright rights
The special place among objects of the copyright is occupied with audiovisual products . The product consisting of a series of images connected among themselves (with support by a sound or without it), movements making impression, and intended for visual and acoustical (in case of support by a sound) perceptions is audiovisual. The cinema and other products expressed by means concern the audiovisual, similar to cinematography (television movies, video films and similar products).
The copyright protects products of all directions of the fine arts - products of painting, a drawing, a sculpture, monumental and decorative art, etc.
Fine arts products are adjoined by products of an applied art with which the legislator allocates in a separate kind of protected products. Applied character of products means, that they are intended not only for satisfaction of purely aesthetic requirements of public, but also carry out other, practical functions. Among applied art products the increasing value is got by design products. The design is an art of giving to the subject environment of aesthetic qualities surrounding the person, therefore design as a direction in an applied art, has set of displays - graphic design, industrial design, design of interiors of premises, etc.
Architectural products also has the dual nature as should not only satisfy essential material requirements - to create habitation and to arrange well environment, but also to satisfy aesthetic requirements of the person. The is constructive-technical decision of buildings and constructions is subject to the right protection art, instead of. Thus the right protection extends both on appearance of object, and on the art decision internal spaces (interior).
Products of all kinds photographic and similar to them concern a category of the protected - irrespective of object (a portrait, a landscape, the reporting, etc.), and also the pursued aim (professional or amateur shooting), etc.
New enough object of protection by the copyright are computer programs . Computer programs grow out of creative activity. At the same time, providing protection of computer programs by norms of the copyright, the legislator inevitably faces the problems caused by specificity of the computer program as protected object as in it the maintenance (algorithm) has an unconditional priority over the form (the algorithm stated by the programming language). The Major importance for the computer program has its functionality which is predetermined by algorithm, and the program writing in this or that programming language can be indifferent for the user. Providing protection to the product form, the copyright does not protect algorithm laying in its basis. Therefore more and more actual the question on necessity of granting is represented to the computer program of special protection which, first, would consider features of object of protection and, unlike the copyright, extended not only on the form, but also on the algorithm taken as a principle the program, and, secondly, there was more operative, cheap and accessible, rather than existing system of patent protection.
Independent versions of objects of the copyright are derivative products and compound products .
Transfers concern derivative products , summaries, abstracts, the resume, reviews, performances, musical arrangements and other of products of a science, the literature and art. All of them admit objects of the copyright as activity on their creation has creative character. The copyright of translators and authors of other derivative products has dependent character: the author of derivative product can carry out the copyright only in the event that use of its product does not attract infringement of the rights of the author of the product taken as a principle derivative product. The copyright of the translator and authors of other derivative products does not interfere with other persons to carry out the transfers of the same products.
Collections concern compound products (the anthology, databases) and other products representing on selection or an arrangement of materials result of creative activity. Creative activity of the composer is expressed that it at own discretion selects a material and (or) has it on the original system. Result of creative work of the composer is the system of an arrangement of materials developed by it as the copyright of the composer does not extend on the products included in compound product, and the copyright of the composer to compound product as a whole does not interfere with other persons to carry out independent selection and an arrangement of the same materials for creation of the compound products. Therefore, a protection subject with reference to compound products is original selection and (or) an original arrangement of the picked up materials. If products protected by the copyright are included in compound product, the composer uses the copyright under condition of observance of the rights of authors of each by it of the products included in compound product.
Any result of the creativity answering by the established legislation on the copyright to criteria , will admit object of the copyright irrespective of, whether it is named in the list resulted above, or not.
Protection of products by the copyright arises owing to the fact of their creation. For occurrence and copyright realization it is not required observance of any formalities. Used for the notification about exclusive copyrights the sign on protection of the copyright (a copyright sign) and consisting of three elements - the Latin letter "With" in a circle, a name (name) of the owner of exclusive property rights and year of the first publication of product - carries out especially information function. In itself absence on a copy of product of a sign on protection of the copyright does not mean, that the given product is not protected by the copyright.
The copyright to product is not connected with the property right to material object in which product is expressed. Transfer of the property right or the possession right any material object in itself does not attract transfer of the copyright to the product expressed in this object.
The products which are not objects of the copyright
Concepts "product" and «object of the copyright» are not identical. The first concept is wider, as the legislation names some categories of products which, possessing all signs protected by the copyright, owing to a different sort of the reasons are deduced from sphere of its action. To products which are not protected by the copyright, concern:
- Official documents (laws, judgements, other texts of legislative, administrative and judicial character), and also their official transfers;
- The state symbols and signs (a flag, the arms, a hymn, awards, monetary and other signs);
- Products of the national creativity which authors are not known.
The copyright also does not extend on ideas, processes, systems, methods of functioning, the concept, principles, opening or easier information as those even if they are expressed, displayed, explained or embodied in product.
Authors of products. The co-authorship
product copyright protect author
The copyright by the general rule arises at the author. The author of product the physical person which creative activity creates product admits.
If product is created by several persons, such persons admit co-authors. The co-authorship are the legal relations arising owing to the fact of joint creation of product by several persons .
The law names two conditions of occurrence of the co-authorship: 1) product should be created joint work of two or more persons; 2) work of all participating in creation of product of persons should have creative character.
Joint character of work should be estimated not on joint process of work, and by in common reached result; important not that, as well as in what form co-authors, and that product has grown out of their joint efforts worked. Therefore for co-authorship occurrence the joint work understood as activity of several persons, directed on achievement of the co-ordinated result what product creation is matters. Thus joint activity does not mean its unity in time and space, and only that authors work on product together, and each of them brings the contribution to its creation.
Co-authors those who has brought the creative contribution to product creation can admit only. The person who has not brought the creative contribution to product creation, and rendered only the technical help (a manuscript set, bibliography drawing up, a portrayal of sketches, etc.) cannot admit the co-author. Essentially important that the basis of occurrence of the co-authorship are actual is represented, instead of contractual relations of persons, and any agreement, including issued in writing, has no legal value if co-authors actually have not been do joint creative work.
Distinguish two kinds of the products created in the co-authorship: the products forming one indissoluble whole, and the products consisting of parts, each of which has independent value. The product part admits having independent value if it can be used irrespective of other parts of product. Accordingly, two kinds of the co-authorship - separate and unseparable differ. The separate co-authorship takes place when collective product consists of parts, each of which has independent value and thus it is known, by whom from co-authors these parts are created. In this case each of co-authors has the right to use the part of product created by it at own discretion if other is not provided by the agreement between co-authors. At the unseparable co-authorship the product created by two or more co-authors, or represents uniform indissoluble whole, or it is impossible to allocate the contribution of the concrete co-author to collective product. Therefore the copyright to the collective product created in the unseparable co-authorship, all co-authors in common carry out. The legislator, trying to provide interests of all co-authors, establishes, that in the event that product of co-authors forms one indissoluble whole, any of co-authors has not the right without the sufficient bases on that to forbid product use.
The principle of the joint order product does not interfere with authors to enter into among themselves the agreement defining a procedure of the rights concerning collective product. By the legal nature the agreement of co-authors is one of versions of contracts on an order of using the right, similar to the contract of proprietors on an order of use of property.
Office products
The law of Byelorussia «About the copyright and the adjacent rights» defines office product as the product created as performance of the office task or official duties .