Construction of the legal basis of so-called free licenses in the Civil Code of the Russian Federation

Introduction: so-called free license represents a new phenomenon in the copyright law. It is a tool that greatly simplifies the mechanism using of the work in the case when the author donated permits such use to all persons. The most famous type of free licenses are "Creative Commons" license. The implementation of free licenses to the Civil Code of the Russian Federation in this article is viewed. Purpose: the purpose of the article is definition of rightly and correctly to the relevant provisions of the Civil Code and reflect the idea of specificity of free licenses.` Methods: In the present study, the author uses the following methods: formal-dogmatic, comparative law, systematic and structural, as well as the methods of formal logic. Results: in the Civil Code included provisions that establish two simultaneous implementation mechanism of free licenses to the Russian copyright law. The first mechanism is a public statement of the right holder. Initially, the law project developers were planning confine this mechanism. However, this tool has been criticized, which led to the development of the second mechanism. The second mechanism is the open license contract. In this article both of these mechanisms are being analyzed. In general, the provisions of the Civil Code on the open license are commendable. Conclusions: the author of this article assumes that Civil Code provisions on free licenses will work effectively and will find a correct assessment in jurisprudence.