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Copyright and Neighboring Rights

The law stipulates that the author's rights to scientific works, literary, and arise as a result of their creation and do not require registration or any other kind of record. This makes it different from exclusive rights to many other forms of intellectual property (inventions, trademarks, and so on) in which case many formalities must be observed. The copyright notice (©) need not be affixed to the work; it serves only to inform others that the work is copyrighted. Furthermore, there is a presumption of authorship, meaning that the author of a work is presumed to be the person indicated as such in the original or a copy of the work. However, practice shows that it is wise to register the copyright all the same.

Copyrightable works are any works that exist in objective form and are the result of creative activity, regardless of the purpose of the work, its value and manner of expression. Copyrightable subject matter includes literary works (including computer programs), dramatic, musical and audiovisual works, translations, adaptations and compilations/collages which are created with due regards to the rights of the authors of the original works, works of painting, sculpture, graphic art, design, photography, and other forms. The author has the exclusive rights to use the work in any form and many manner he wishes, including the right to reproduce, distribute, give a public showing or performance; the right to translate and adapt the work. Therefore, the use of a work by other individuals, with a few exceptions, is possible only with the permission of the author and payment of royalty. Exceptions include personal use and quotation.

The author of a work also has a number of exclusive rights which cannot be revoked and are protected regardless of any transfers of the right to use the work:

• the right of authorship (the right to be acknowledged as the author);
• the right to name of author (the right to use the work under one's own real name, under a pseudonym, or anonymously);
• the right to make the work public;
• the right to protect the reputation of the work (protection of the work from all kinds of distortion)

The law protects the so-called related rights - the rights of a performer to his performance, of a producer of a phonogram, a director, etc. The rights are valid for 50 years from the moment of the first performance or issuance of the phonogram.

The law stipulates civil, criminal and administrative responsibility for infringement of copyright and related rights. The person whose rights are violated may demand acknowledgment and reinstatement of his rights, reimbursement of damages or payment of compensation in the amount of 10 to 50 minimal wages, as well as other measures, including the destruction of confiscated copies of the work.