An open model of artistic collaboration as a way of creating the results of intellectual activity

Автор: Martyanova E. Yu.

Журнал: Ex jure @ex-jure

Рубрика: Гражданское право и процесс

Статья в выпуске: 3, 2019 года.

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The article considers on the approaches to understanding the legal nature of open models of collaborative creation, namely: the consideration of this model as a type of a co-authorship; the positioning as a method of creating a complex object; the referring to the method of creating a derivative work; the definition as a special type of the creative interaction, not covered by the subject of regulation of the institute of the intellectual property. As a result of the study, it is concluded that the current domestic legal regulation makes it possible to answer most of the questions related to the regulation of an open model of collaborative creation. It is proved that the participants of the studied model of cooperation can independently choose the legal regime of the created objects using the tools specified in the Civil code of the Russian Federation.

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Open model of collaborative creation, co-authorship, derivative work, complex object, open license, open source software

Короткий адрес: https://sciup.org/147230047

IDR: 147230047   |   DOI: 10.17072/2619-0648-2019-3-43-56

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