Copyright Protection
Copyright extends to literary, scientific and artistic works, regardless of the manner in which they are fixed.
Legal protection applies to literary works (including computer programs), drama, musical, script and choreographic products and pantomimes, musical pieces with or without lyrics, audiovisual products (feature, television and video films, slideshows, transparency films and other cinematography and television products), paintings, sculptures, graphic pieces, designs, graphic stories, cartoons and other works of fine art, products of arts, crafts and theatrical art, works of architecture, town building and landscape art, photography works and works produced by means similar to photography, geographical, geological and other types of maps, plans, sketches and plastic works that have to do with geography, topography and other sciences, and the like.
Foreign authors’ works published both in Russia and abroad are also protected in Russia pursuant to the Russian Federation Civil Code, Part Four, “Chapter 70. Copyright, Chapter 71 Copyright and Related Rights”, the Universal Copyright Convention and the Berne Convention for the Protection of Literary and Artistic Works, as well as by virtue of Russia's bilateral agreements with certain countries and some other legal acts.
Copyright is unusual in the way that rights come into existence and are protected from the date of the work creation by virtue of the very fact of its creation, so no formalities (official recording, etc.) are applicable. However, in order to confirm their rights, authors often resort to the procedure of deposition and registration of a work with copyright organizations. Deposition is not obligatory and is performed only where the author wishes to do so. Nevertheless, in many cases it can provide considerable support to production of authorship evidence, for instance, at the courts and in the event of commercial copyright transfer to business partners.
In order to render legal assistance to authors, “Ermakova, Stoliarova & Partners” Agency conducts the deposition and registration of any copyright object. We hereby inform you that we need the following documents for rendering services in registration and deposition of copyright object:
- Two copies of the original work with the cover page, which features the name of the work, the author’s or authors’ full name(s) and the date of creation. Each page, including the cover page, shall be signed by the author/authors and numbered.
- The abstract (one copy) – brief (5-7 lines) description of the work. It shall be signed by the author.
- A copy of the author’s/ authors’ passport – of its first and second pages and the page indicating the place of residence.
- An application, signed by the author/authors (the form is available upon request).
Registration and deposition of a copyright object are carried out within one week.
For certain cases that are related to software and databases legal protection, it is recommended to register these objects with the Russian Patent Office. Such registration is not mandatory under the Law, but it substantially helps authors to protect their rights in case of others’ unauthorized actions as well as in the event of contractual assignment of rights by the authors. Our Agency renders services in maintenance of software and databases registration with the Patent Office, and helps to draft and register author’s contracts, subjects of which is the transfer of commercial rights to author works, software and databases.
Since the majority of the countries are the member-states of the international conventions on copyright protection, the formal requirements to works for which legal protection is requested have been reduced to minimum in these countries. Nevertheless, some countries (for example, the USA) practice various registration procedures, without which the copyright holder’s chances to counteract infringement are often equal to zero. In the United States, in particular, it is almost impossible to claim full damages and attorney’s fees from an infringing party without Certificate of work registration, issued by the US Copyright Office.
At the same time in respect of certain works published in the USA (for example, movies released in the USA) author registration is mandatory under the law. Our Agency having reliable partners in the USA – registered patent attorneys and agents, – provides the optimal works protection in this country by work registration and deposition with the US Copyright Office under the Library of the US Congress.
