Article copyright infringement and liability for this type of offense.

To copyright in legal literature include the totality of the rights of the creator of an object or work, enshrined in 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 area begin as a result of the author creating a product of his labor. There is no need to register your authority. The product of the author’s creative activity is considered to have taken place since the moment of its real creation. The powers of the owner in their entirety are a merger of property and non-property rights for personal use.

Related rights are also somewhat similar to the type of rights under consideration. Their main task is to protect the legal interests of a certain category of legal entities. It is these subjects of law that contribute to the creation of products of creative work that are accessible to the whole society. According to general practice, offenses in the field of related and copyright do not seem unusual for modern Russian society. Thus, liability for copyright infringement is established by the legislation of the Russian Federation.

The article "copyright infringement" can fully demonstrate the legislation in this area. There are three types of liability for offenses and crimes committed in this area. This is a criminal and administrative liability, 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. In case of violation of the considered rights in general terms, the authors of a creative product and performers of phonograms, broadcasting organizations of cable or cable type are usually recognized as victims.

If we talk more specifically about the use of copyright and related law outside the legal field, then 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 coercion of the author of a work to co-authorship, or to the forced inclusion in the list of co-authors of persons who have no relation to the created work.

Additionally, the illegal distribution and reproduction of the results of creative work is also considered an article on copyright infringement, for which liability is provided. The article "copyright infringement" provides for criminal liability in cases where the victim has really suffered large-scale damage. Based on this, the damage from this crime may be of material order, and may consist in violation of other constitutional rights of a citizen.

Material damage is usually expressed as lost profits, for example, failure to receive a specific financial component. But it is important to understand that in order to bring the offender to liability of a more serious form, the damage must be of a large size, this is the requirement of such a legal norm as the article "copyright violation". On this basis, a violation of copyright and related rights and liability under the Criminal Code arise in circumstances where the relationship of a causal nature between the harmful consequences of a crime and the illegal use of specific copyright is clearly justified. As for other types of liability directly specified in such a law as the article "copyright infringement", the punishment for the offense is of a different nature, that is, it is not connected with the deprivation of liberty.

Source: https://habr.com/ru/post/A13574/


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