The rightholder is who? We study subjects of copyright

Quite often in everyday life we come across such a notion as copyright. Let's see what it is.

Terminology

From an objective point of view, copyright is a civil-law institution dealing with the regulation of relations related to the recognition and protection of authorship. There is another interpretation.

In a subjective sense, these are the author's protected rights to works of art, literature and science, i.e. What was created by him in the process of creative activity.

Subjects of copyright

Authors and rights holders can act as subjects of copyright.

The author is an individual whose efforts created a work of art, literature, science and other intellectual property.

A person who has been recognized as an author, a full range of copyrights is available.

The rightholder is a natural or legal person who legally has copyright. And it can go to him because of various circumstances.

Why are these concepts worth distinguishing?

The author is any person who was able to create something in the process of creative activity (wrote a book, opened a new field in science, etc.).

The rightholder, in turn, will not necessarily be the author. The rights we are considering may come to him by virtue of a treaty, a legislative act. For example, various types of TV and radio companies may acquire exclusive rights to use any information in their broadcasts.

Thus, each author is the rightholder, but not every copyright holder is the author.

Subjective rights of participants in legal relations

In accordance with the law, copyrights can be conditionally divided into property and personal non-property.

The latter include the following rights:

• On the legal recognition of authorship in respect of his work;
• To the name (that is, the ability to publish their works using both their own surname and a pseudonym);
• For the free and open presentation of his work for public inspection;
• On the dignity and reputation of the author himself.

Personal non-property rights, as a rule, are unlimited.

It is worth mentioning that they apply exclusively to individuals, that is, to authors. Rightholders can not always count on such rights.

The fact is that in this capacity, legal entities can act as well. This fact once again emphasizes that the right holder is not necessarily the author of the work.

Let us pass directly to property rights. To them it is possible to carry:

• The right to free and lawful distribution;
• To show the work and material design (on paper, in photo-audio-video format, etc.);
• On the import of copies of works for the purpose of their further distribution (this includes those whose publication was confirmed by the consent of the right holder);
• On the performance of various actions in relation to the work, not inconsistent with the law and excluding plagiarism (translation, arrangement, original processing).

Subjects for the distribution of property rights are both physical and legal persons, that is, authors, rightholders.

These rights, in turn, already have a validity period: according to the 1281st article of the Civil Code of the Russian Federation (an abbreviation of the "Civil Code of the Russian Federation"), property rights exist during the life or existence of the right holder, and also for seventy years after his death or Disbanding of the organization.

Objects of copyright

The list of works that can be referred to in this way is set forth in Article 1259 of the Civil Code of the Russian Federation. According to its content, the object of copyright can be recognized as everything that was received as a result of creative and mental activity.

Objects of copyright are not recognized:

• Official documentation, resulting from the activities of government agencies;
• Symbols and signs of states and other public entities (emblems, awards, currency signs, etc.);
• Folklore (works that exist without specific author's instructions, formed, as a rule, on the basis of folk traditions or customs);
• Works that bear exclusively information character (attached to the thing instructions, timetable for the movement of city buses, etc.);

In addition, ideas and thoughts, original ways of achieving goals, solving problems, and programming languages can not act as objects of copyright .

Ways to protect copyrights

Naturally, the rightholder is the only subject to whom the work belongs. But there are situations when it is difficult to protect the right to authorship, for the reason that a person simply does not have enough evidence, which, in addition, must be backed by law.

It is possible to protect copyright in several ways.

• Seek help from a notary. In this case, first of all the work is transferred to the material carrier (digital, paper), after which it must be reassured (this procedure is not free, the rights holder should take this into account).
• Publish the work in any source (for example, the poems written by the author can be printed in a magazine or placed on an Internet portal).
• Send a letter by mail to yourself, and upon arrival it does not open the envelope. Lawyers believe that such protection of the right holder through cunning is the most reliable.

To alert third parties that the work is protected from plagiarism, you can resort to using a special protection mark, which is a Latin letter "C" in the circle.

In some countries, the author, the rightholder may be prosecuted for using this sign for the simple reason that it points to information that is not true.