Legal regime of database as object of copyright and related rights
( Pp. 140-145)
More about authors
Ekaterina A. Sviridova
Cand. Sci. (Law), Associate Professor, Associate Professor of the Department of legal regulation of economic activity
Financial University under the Government of the Russian Federation
Moscow, Russian Federation
Financial University under the Government of the Russian Federation
Moscow, Russian Federation
Abstract:
The article analyzes the dual legal nature of the database as an object of copyright and as an object of related rights, considers the legal regimes of the database under Russian and French law, explores alternative options for the legal protection of the database as a complex object and as a composite product. It is proposed to use the experience of the French legislator and consider the originality of the database as a necessary condition for providing copyright protection. The main difference of the database as an object of copyright is its originality, by which, in relation to the database, it should be understood that the structure and systematization of materials resulting from the creative activity of its author are independent, non-obvious and unique. Due to the instability of the database form, it is necessary to evaluate it for compliance with the originality criterion immediately after its creation.
How to Cite:
Ekaterina A.S., (2021), LEGAL REGIME OF DATABASE AS OBJECT OF COPYRIGHT AND RELATED RIGHTS. Economic Problems and Legal Practice, 1 => 140-145.
Reference list:
Reichman J.H., Samuelson P. Intellectual Property Rights in Data. Vanderbilt Law Review. 1997. 50(1):51-166.
Voynikanis E.A., Kalyatin V.O. Baza dannykh kak ob ekt pravovogo regulirovaniya: uchebnoe posobie dlya vuzov. M.: Statut, 2011. 174 s. S. 104.
Voynikanis E.A., Kalyatin V.O. Baza dannykh kak ob ekt pravovogo regulirovaniya: uchebnoe posobie dlya vuzov. M.: Statut, 2011. 174 s. S. 104.
Keywords:
database, originality, copyright object, object of related rights, result of creative activity.
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