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Glossary – Copyright

Copyright

Nikiforov Alexander
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Copyright is a legal term that denotes that the rights to a work created as a result of intellectual labor belong to its creator, that is, the author. It is important to note that the author can be either an individual or a group of co-authors. Copyright arises automatically at the moment of the creation of the work, and no additional actions are required to obtain it, such as registration, publication, or the presence of a copyright symbol.

On the internet, copyright covers all types of content, including texts, images, photographs, designs, and graphics. It also protects derivative materials created based on originals, which means that not only websites but also social media accounts fall under copyright protection. The protection even extends to individual elements of works, such as titles, characters, and other creative results.

There are two main types of rights that belong to the author:

  • Economic rights (exclusive rights) — the author has the right to use their material and to permit or prohibit its use by others. These rights can be transferred to other individuals who become the new rights holders. The terms of the transfer of rights are agreed upon by the parties.
  • Moral rights — the author has the right to recognition and attribution of authorship regardless of where the work is placed. These rights cannot be transferred, and the author remains their owner even if they transfer content to others.

Copyright protection on the internet is provided by default, just as it is offline. If the author has not granted permission for the use of their materials, it is considered prohibited. However, the absence of a direct prohibition does not indicate the author's consent. Without clear permission from the author, the following is prohibited:

  • Publishing content, regardless of whether it will be available in open or closed access.
  • Using materials for commercial and other purposes.
  • Changing the author's name or claiming authorship.
  • Modifying the original material in any way.

The last point requires special attention, as modifications can include cropping images, using video clips, or reworking texts.

In Russia, the author retains exclusive rights to their work throughout their lifetime and for 70 years after their death. In the case of co-authorship, this period is counted from the date of death of the last author. If the author is unknown or identified by a pseudonym, the duration of copyright begins from the moment the work is published. Works that are 140-150 years old or more can be used without restrictions. All other works are likely to belong to the author or their heirs.

Responsibility for copyright infringement

The author or rights holder may request the removal of stolen content or attribution of authorship. However, they also have the right to claim damages or compensation. Depending on the type of responsibility, various measures may apply:

  • Civil liability — if the infringer refuses to satisfy a pre-trial claim, they can be held liable under civil law. The author may demand recognition of their rights, cessation of use, compensation for damages, and seizure of infringing materials.
  • Criminal liability — applies in cases where the author has suffered significant harm. A large-scale violation is considered to be an amount exceeding 100,000 rubles. Penalties may range from fines to compulsory or corrective labor.