About the notion copyright legal relationship
Автор: Litvina A.I.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Гражданское право и процесс
Статья в выпуске: 2 (24), 2014 года.
Бесплатный доступ
Abstract:Introduction:currently in the legal literature is practically no relationship developed the concept of copyright, at the same time; they said category is key tocopyright.Purpose:it is investigated the notion of copyright legal relationship existingin prerevolutionary period, in the Soviet era and in the contemporary legal doctrine, thestudy substantiates the need to distinguish between legal concepts in the author's activities, relations in the field of copyright and copyright legal relationship.Methods:thestudy was conducted using techniques such as: the dialectical method, analysis, synthesis, method of abstraction, modeling, and formal-legal, comparative legal, technical, andlegal.Results:аn attempt was made to define the copyright legal relationship, under which it is proposed to understand the predominantly absolute legal relations arising inconnection with the creation of the work and includes relationship to possess moralrights in a work for your exclusive right to work and to implement other rights to thework. Special attention is paid to the analysis of other features of copyright: the rightroute, the right of access, right of withdrawal and the right to remuneration for the useof the service work.Conclusions:concluded that the relations in the sphere of activityof the author are a complex of relations,which includes civil, constitutional, administrative and criminal relationship, in other words, all those relationships that may affect thecreation of the work, questions of possession and disposal of rights in the work. Underthe legal relations in the field of copyright proposed to understand the civil legal relations arising in connection with the creation of the work and participation of exclusiveright to work in the economic turnover. Copyright legal relationship considered as themain form of otherlegal relationships that exist in the field of copyright (obligation, inheritance and other tort).
Короткий адрес: https://sciup.org/147202645
IDR: 147202645