Under the Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886 (as amended on September 28, 1979), copyright protection emerges automatically without the need for registration. At the same time, voluntary registration (depositing) of works can help solve disputes over ownership or creation, as well as facilitate financial transactions, sales, and the assignment/transfer of rights.
Among the works protected by copyright in Russia are the following:
Copyright protection is available for objects depending on whether they contain sufficient human authorship.
Our company can offer the following services in this sphere:
Our software has been registered with the Italian Society of Authors and Publishers (SIAE). To obtain protection in Russia, do we have to register it in your country? Is the foreign registration automatically recognized?
According to the Berne Convention, a software program created in one of the member states of the Convention is automatically protected in Russia. In general, there are no requirements for copyright deposit or registration, and copyright protection emerges automatically.
Software is the only object of copyright that can be registered by the Russian state, but even in this case, registration is voluntary. Many entities choose official registration of their software programs with Rospatent (RUPTO) as a way of proving the fact and date of creation. Generally, this can help solve disputes over ownership or creation, as well as facilitate financial transactions, sales, and the assignment/transfer of rights. However, if, in a dispute, the opposite party can provide proof of creation at an earlier time (including information from foreign repositories, such as SIAE), the court shall rule for that party.
To summarize, this means that the Italian registration/deposit of the software will be recognized in Russia in case of a legal dispute. No additional protection measures are required.
In which cases can a work of art be freely used in advertising?
According to Russian Legislation on Intellectual property, a work of art is protected during the author’s life plus 70 years calculated from the beginning of the year following the author’s death. After that, the work passes into the public domain and can be freely copied, reproduced and used, including in advertising.
At the same time, it is important to mention another limitation that is set outside intellectual property legislation. According to the Federal Law “On the Museum Fund of the Russian Federation and museums in the Russian Federation”, the use of works of art that make part of a Russian museum's collection requires the Museum’s permission (regardless of their being in the public domain).
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