Copyright in a work
Free consultation

Copyright in a work in Russia

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.

What are the rights of the author

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.

How to prove authorship

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.

Proof of authorship in court

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.

folder_open
Certified attorneys
Qualification verified and confirmed by Rospatent attestation. Eurasian and Russian Patent Attorney Certificates
landscape
Not a single
rejection
by the Patent Office for inventions, utility models or industrial designs.
person
Legal
protection
Not only registration, but also legal protection of your legitimate interests by our lawyers.
flash_on
The price is 15%
lower
than usual due to the rapid processing and the number of applications filed, as well as the experience and qualifications of patent attorneys.

Our reviews

Transneft Oil Pipeline Company
We have high internal standards of work and requirements for contractors. We were pleasantly surprised by the quality of work of this organization. They are very scrupulous in their work.
Sunny Circle grocery supermarket chain
Already at the stage of the free trademark blitz they showed themselves to be worthy, everything is clear and competent. It's a pleasure to work with professionals. We were satisfied with the result.
Producer of dairy products "White Bear"
"The specialists at Prof-Patent are highly competent and professional. They are able to solve even the most complicated problem."
Producers of soft drinks and mineral water "Akvadar"
We have been working with Prof-Patent for more than 10 years. Our cooperation totals dozens of projects. "Prof-Patent provides competent legal support at the highest level.
"Pinta" chain of sports bars
"We applied to Prof-Patent for trademark registration in Rospatent. Prof-patent" specialists treated our question extremely carefully and with great dedication. We hope for further fruitful cooperation".
Head of Marketing N.V. Safronova
"The employees of Prof-Patent consider each issue thoroughly and in the shortest possible time. We advise all companies to apply to Prof-Patent for protection of their intellectual rights".
"Asorty"
The quality of the guys' work is top-notch. Registration of the TOR went without any problems. They prepared everything quickly and professionally. The work is done on excellent.
Flash
We turned to patent attorneys for brand registration. The firm's team was great, they explained the important nuances and helped us avoid a few pitfalls. We were positively impressed after the cooperation. We were attracted by the guarantee of the result under the contract for a refund, they are responsible for their work with their heads.
Construction Concern "VANT"
Prof-Patent specialists prepared all the necessary documents very quickly, and the whole process of registering the TOR went off without a hitch. We have only positive emotions from cooperation with Prof-Patent.
Kvas "Starominskiy"
Trademark registration took place in a very short time, and possible errors would have caused significant problems. But the company "Prof-Patent" completed its work just flawlessly!
All-Russian Film Festival «Bridge_of_Arts»
Horizon radar factory
By the nature of our business we often deal with patenting. "Prof-Patent" is a pleasant example in our practice, when the company solved all our issues on patent registration in the shortest possible time without any problems. We have known the company for decades and have registered several patents through it.
Elis clothing and shoe stores
The firm's staff did an excellent job on the trademark registration project. They are able to offer a non-standard solution to the problem. It was convenient that during the cooperation we communicated directly with the patent specialist, not through the manager. I liked working with them. I recommend them.
Pharmacy Chain "South pharmacy"
I haven't lost sight of these guys for a long time. It's hard to find an organization that does its job without complaints! They easily resolved the issues with Rospatent regarding the trademark intersection of the word "South" with other companies. Current questions are answered on the day of application.
DON-PLAZA
A very serious and responsible approach to business. "Prof-patent" saved our nerves and time. I express my sincere gratitude to all the employees of the company for their true professionalism. These guys are perfectionists in a good way!
SOHO
Based on previous experience with other companies, I was convinced that the deadline for registration of trademarks is delayed, but I was pleasantly surprised when these guys did everything in time, as stated. I would gladly recommend them to my partners.
More reviews
Certificates and certificates
Contact Us

By clicking the "Submit" button, you agree to processing of personal data and agree to the terms of the privacy policy

Russia → Central Federal District → Moscow Region → Moscow
14 Shukhova St., Moscow
close
Contact Us

By clicking the "Submit" button, you agree to processing of personal data and agree to the terms of the privacy policy