Rights to literary works arise directly from the moment of its creation. Legislation of the Russian Federation does not provide for compulsory registration of exclusive copyrights, but contains several options for protection against infringement by third parties. In this article we will consider how you can confirm the right to a book or other object of creative work.
The rights to a literary work are subject to protection even if it has not been published. However, it will be much easier to use any protection options if the author takes care to confirm his rights in advance. Article 1255 of the Civil Code of the Russian Federation, exclusive copyrights include:
Similar rights can be enjoyed by the co-author of a work if it was created by two or more persons. For example, when publishing a collection of works, co-authorship may be established for the entire book, as well as separate rights of the authors to their stories. The author also owns the right to the title of the work. No one has the right to change or supplement the title of the book, or its individual chapters, without the permission of the copyright holder.
The author has the right to define the destiny of his work himself - to publish it in full or in part, to receive remuneration for distribution of copies, to conclude contracts on full transfer of rights or on temporary conditions.
Having created a new work, the author must have evidence of the priority of his rights over others. This will make it possible to hold others liable for any violations - publishing a book without the permission of the copyright holder, refusal to pay royalties, etc. To prove his rights to a work in the Russian Federation, the author can use the following options:
The most powerful proof would be a copy of the work deposited with the RAO, an appeal to a court, or a notarial certificate. However, when applying to a notary, you will have to pay for his services, and the amount of the tariff may differ from region to region.
Russia is a party to international conventions and treaties in the field of copyright. It means that publishing a book or any other literary work in the territory of countries-participants of international acts will be a proof of copyright in Russia.
Proof of the author's rights to the work can be done in court. If the book was not published by the author, but it was published by another person or publisher, the possibility to bring to responsibility will be connected with the proof of exclusive rights. Let us consider how authorship is established or challenged in the courts.
An appeal to the court will be required if another person has identified himself as the author of the work when publishing it (or otherwise), or refuses to pay remuneration due to the absence of copyrights. Consequently, when filing a lawsuit in court, the claims may include:
One of the legal options for protection under the Civil Code is to publish a court order identifying the proper title holder. In order to obtain a court order, the plaintiff will have to prove his rights.
If the author has timely deposited a copy of the book, or certified the fact of its creation through a notary, the procedure of proving will be greatly simplified. If these actions have not been performed, and the author has not previously published his work, it is possible to prove his rights as follows:
It should be taken into account that the placement of copyright signs on the title page of a published book will be considered a priority of rights. By proving his right to the work, or by challenging the wrongful designation of authorship by others, the plaintiff will be able to recover damages or compensation for the infringement committed.