O. Lutkova

The Non-Exclusive Rights Classification in the RF Сivil Codein Context of the Foreign Author Status

2015. No. 4. P. 103–115 [issue contents]
The subject of the research is the Russian Federation Сivil Code norms declaring non-exclusive author’srights, non-exclusive authors rights сclassification and a possible influence on the foreign author statusin the Russian Federation. Special attention was given to such aspects as: 1) identifying major signsof moral rights and other author rights under the RF law; 2) reviewing and clarifying the non-exclusiveauthors rights classification in the RF law on the basis of the identified characteristics of moral rights andother author rights; 3) assessing the classification of non-exclusive authors rights in the RF Сivil Codein the framework of the Russian Federation international legal obligations; 4) analyzing doctrinal opinionsand the enforcement practice on the subject; 5) anticipating possible problems in the regulationof foreign author moral rights in the Russian Federation and suggesting ways to resolve problems. Thestudy applied the following methods: legal analysis, legal simulation, legal prediction, comparative lawand historical analyses. The major findings in the study are as follows. Firstly, gaps have been identifiedin the classification of non-exclusive author’s rights according to the RF Сivil Code. Besides, proposalshave been made to refine the classification in the light of law-making practices of individual states, theRussian legislation applicable before the RF Сivil Code came into force and contemporary generalizationof Russian enforcement practice and the Russian Federation international legal obligations (underBerne Convention for the Protection of Literary and Artistic Works, 1886). The author suggests classifyingthe right of integrity as moral right (other than those listed in art.1228 RF CC). Besides, the authorsuggests classifying as the other author rights other rights such as the right to disclose a work, right torecall the work and right to remuneration for the use of service-related work (other than those listed inart.1226 CC RF). Secondly, risks were identified of possible regulation problems of foreign author moralrights on the RF territory and solutions were suggested to remove them.
Citation: Lutkova O. (2015) Klassifikatsiya neisklyuchitel'nykh prav v Grazhdanskom kodekse RF v kontekste statusa inostrannogo avtora [The Non-Exclusive Rights Classification in the RF Сivil Codein Context of the Foreign Author Status]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 103-115 (in Russian)
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