Ubiquitous digitalization at the present stage leads to the fact that areas of activity (labor and household) are transferred to the online sphere. Physical labor, of course, is not depreciated due to its indispensability, but the “head work” is becoming increasingly significant and significant. In connection with such trends, the question of people's knowledge of the rights, duties and ways of protecting intellectual work is becoming more relevant day by day. But does everyone know what RID is? Does everyone know that under certain conditions creativity can be protected by law?
What is RID and "what eat it with"
Let's start with the value. The interpretation of the acronym RID is “the result of intellectual activity”.
Based on the norms of civil and international law, the following main signs of intellectual activity are distinguished:
- Ideality. Unlike physical work, the result of intellectual activity cannot be “felt”, however, it has a realization “in the flesh”. Legal doctrine is called such an ideal embodiment.
- One way or another, RID, as noted above, has a “shell”: a book, a disk, etc., respectively, there is almost always a connection with property. Thus, the second sign is the objective form of expression, through which the connection with property rights is traced.
- Intellectual activity is the result of the mental processes of a person, his creative skills. RID acts as a synthesis of consciousness, spirituality and thoughts, which makes it a unique expression of human abilities.
- The uniqueness of RID is a novelty as a quality attribute. Any reproductions / remixes are the result of processing a completely new and exclusive work.
Thus, RID (the result of intellectual activity) is the result of the use of creative and spiritual-intellectual processes of human thinking in the name of progress and development.
Intellectual activity = creative?
The use of intellectual activity is supposed not only to delight the eyes and ears, but also in the context of “usefulness” for humanity, even in the field of art. Some authors point out the rationality of the results as the main distinguishing feature of intellectual activity, but opponents of this position quite reasonably appeal that it is at least strange to consider all existing creativity irrational.
Neither in literature, nor in regulatory legal acts is it denied, but even on the contrary, it is recognized that creativity is one of the fundamental components of intellectual activity. At the legislative level, these terms are sometimes mixed up to identity.
RID objects and subjects
The answer to the question of what RID is, involves an explanation in terms of objects.
Subjects are those persons who are the authors, that is, who created the "product", or own it in case of acquisition of rights to RID.
It is worth noting some features regarding the subject composition:
- Deprivation of copyright is possible only in the courts and subject to circumstances attesting to the authorship of another person. The death of a person also does not entail the loss of copyright.
- Perhaps co-authorship. Moreover, authorship implies an idea. Those who participate in its implementation are not recognized as co-authors.
- Denial of authorship is not possible.
Intellectual Rights
Copyright:
1) The exclusive right to work.
2) Copyright.
3) The right of the author to the name.
4) The right to inviolability of the work.
5) The right to publish the work.
The exclusive right relating to property rights and originally owned by the author is not the only one that arises when creating an object of intellectual property. Exclusivity of the law presupposes total ownership: possession, use, disposal, and there is absolutely no dependence on the material carrier. Use of the object is possible only with the permission of the copyright holder. Moreover, if he did not expressly express a ban, this is not a permit.
Rights that imply conditions for the use of RIA (for example, providing access) are the second component of intellectual rights - non-property.
Normative regulation in the Russian Federation
In addition to the Constitution of the Russian Federation, guaranteeing the freedom of creativity, an important regulatory act is the Civil Code of the Russian Federation, which incorporates the basic norms of laws affecting the field of intellectual activity. There are a lot of laws, which, by the way, are adopted only at the federal level in this area, they are aimed at regulating certain types of protected results of intellectual activity: on seed production, on information, etc.
International law is also of great importance in matters of regulation of RIA. The World Intellectual Property Organization, uniting 189 states, conducts significant activities, including as the founder of the rules. The idea of establishing a unified system of using RIA throughout the world is aimed at streamlining, including in matters of international cooperation and legal relations.
Legal protection of intellectual activity
The regulatory framework provides and guarantees safety for RID facilities.
Despite the presence of such a sign as a form of expression, it is important to understand that ideas and creativity are subject to protection. At the same time, state registration, mandatory for the provision of protection, is strictly regulated by law. For example, the algorithm for state registration of a computer program is clearly prescribed in the Civil Code of the Russian Federation (article 1262) and even includes a description of the contents of the application.
The procedure for transferring rights to registered objects is described in the Civil Code of the Russian Federation by providing the opportunity to conclude various agreements: sub- / license, alienation, etc.
For certain types of read-only information systems (computer programs, utility models, and a number of others), documents (statements, a list, etc.) are legislatively developed that are required to be drawn up if it is necessary to exercise the rights and obligations in relation to them, and any deviation may cause the transaction to be recognized as failed.
Features of using RID
Few people think that he violates someone’s rights when he inserts a picture / photo downloaded from the Internet into a presentation on his studies or work, puts music for videos on YouTube or social networks, uses a pirated version of some program. Meanwhile, all of the above is a direct violation of copyright in case of non-receipt of the consent of the author to certain actions.
At the same time, individual authors will amuse their vanity when they stumble upon such a “joint work”, but it cannot be ruled out that the creator will not file a lawsuit in court to restore the violated right to compensation for moral damage and compensation for damage.
The time that the author spent on creating, registering rights, registering a computer program, for example, costs money, and other people's labor must be respected. The same applies to music, literature, painting and other types of intellectual creativity. This can be either a useful model of equipment for any industrial sphere, or the chemical formula of a cure for cancer.
It is unlikely that this situation is permissible if, for example, you are an inconspicuous and novice blogger or have opened a Russian cafe with the corresponding menu somewhere on the edge of the earth. However, precautionary measures, such as monitoring the ability to freely use someone else's creation for their own purposes, are still necessary at any stage.
If your activity is related to publicity and there is a possibility of its wide coverage in the world, and you have information about what RID is, then we recommend that you contact the author of the work and obtain official consent from it.