Copyright in the legal literatureinclude the totality of the rights of the creator of an object or work, fixed by law and aimed at the application of the object of rights, as well as the exercise of non-property rights of the author of personal use.
Legal relations in this field begin inresult of the author creating the product of his work. There is no need to register your authority. The product of the author's creative activity is considered to have taken place from the moment of his real creation. The owner's powers in their aggregate represent a merger of property and non-property rights of personal use.
Some resemblance to the type of rights under considerationhave and related rights. Their main task is to protect the legal interests of a certain category of subjects of law. It is these subjects of law that contribute to the creation of products of creative work that are accessible to the entire society. In common practice, offenses in the field of related and copyrights do not seem to be anything unusual for modern Russian society. Thus, for violation of copyrights, the responsibility is established by the legislation of the Russian Federation.
Article "copyright infringement" may be in fullto demonstrate the legislation in this area. There are three types of liability for committed offenses and crimes in this area. This is criminal and administrative responsibility, as well as obligations in the field of civil relations. This is directly indicated by the norm of Article 48 of the above normative legal act. If the rights in question are violated in general terms, authors of the creative product and performers of phonograms, broadcasting organizations of cable or cable type, are usually considered as victims.
If we talk more specifically about the usecopyright and related rights outside the legal field, this should be understood as processing the works of another author, as a result of which it does not acquire independence in a scientific or artistic sense. In addition, illegal actions include the coercion of the author of the work to co-authorship, or to the forced inclusion in the number of co-authors of persons who have nothing to do with the created work.
Additionally, illegal distribution andreproduction of the results of creative work is also considered an article on copyright infringement, for which responsibility is provided. The article "copyright infringement" provides for criminal liability in those cases when the victim was seriously harmed on a large scale. Proceeding from this, the damage from this crime may be of a material nature, or it may consist in violation of other constitutional rights of a citizen.
Material damage is usually expressed in the form ofloss of profit, for example, non-receipt of a certain financial component. But it is important to understand that to bring the offender to justice of a more serious kind, the damage must be of a large size, this is the requirements of such a legal norm as the article "copyright infringement". Proceeding from this, the violation of copyright and related rights and liability under the Criminal Code arises in circumstances where the relationship of cause and effect is clearly justified between the harmful consequences of the crime and the illegal use of specific copyright. As for other types of liability expressly mentioned in such a law as the article "infringement of copyright", the punishment for the offense has a different character, that is, it is not related to deprivation of liberty.</ p>