Derivative works - works that represent the processing of another work. Such processing is allowed only with the consent of the author (co-authors) of the original work.
The translator, as well as the author of another derivative work, owns the copyrights for the translation and other processing of the other (original) work, respectively.
Derivative works are of several types, reflected in Fig. 2.6.
Berne Convention in Art. 8 fixes the right of authors of literary and artistic works protected by this Convention to enjoy the exclusive right to translate and permit translations of their works during the entire period of their rights to the original work.
A art. 12 of the same Convention, the right of authors to authorize alterations, arrangements and other processing of their works is fixed.
Fig. 2.5. Sample application for state registration of a computer program or database
Fig. 2.6. Subdivision of derived works into views
These works are protected by copyright regardless of whether the works on which they are based are objects of copyright.
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No less interesting are the derivative works of music, suggesting that this or that processing of the original original version. These include various arrangements, arrangements, orchestrations, transcriptions, remixes, club versions of compositions, etc. Such alterations of music sometimes create opposite judgments about their dignity and cultural value: some perceive such compositions as a progressive trend in music, others perceive it as stagnant.
Another kind of music conversion is sampling, i.e. the borrowing of a fragment, part of a musical composition. In this case, one piece of music includes excerpts from another, for example, a loss and a refrain, but no direct processing occurs.
In any case, derivative musical works - this is one of the trends of modern musical culture. Currently, there are musical groups for whom the production of remixes of famous melodies is the basis of the "musical image". There are also radio stations specializing in the broadcasting of musical works in processed form. An example is the radio station "Dynamite RM", which represents popular compositions, usually not in the original, but in the dance version.
Compound works - works that represent the result of creative work in the selection or arrangement of materials.
These works are protected by copyright regardless of whether the copyrighted works are the works that they include.
The compiler of the collection and the author of another composite work (an anthology, encyclopedia, database or other similar work) owns copyrights for the selection or arrangement of materials (compilation) performed by them.
Anthology - a collection of works of art of different authors, built according to a genre, national or historical-literary principle (for example, a collection of fairy tales).
Encyclopedia - is a scientific or popular science reference that contains the most significant information on all or particular fields of knowledge or practice.
Database - a collection of independent materials (judgments, statistics and other similar materials), systematized in such a way that these materials can be found and processed with a computer (and item 2 of article 1260 of the Civil Code of the Russian Federation).
Highlight the database attributes.
- it has properties of a technological nature, as evidenced by the possibility of all search and processing;
is a structural element of the information system;
- the main element of the database, which is its content, are data, i.e. information presented in a form that provides the possibility of its processing based on the use of information technology and computer facilities;
- the systematized, structured information contained in the database: the database is not just a set of data, but a complete complete system;
- database - an objective form of information representation.
A distinctive feature of the database from other composite products is the compulsory participation of computers.
The translator, compiler or other author of a derivative or composite work exercises its copyrights, subject to the rights of the authors of the works used to create the derivative or composite work.
The author of a work placed in a collection or other composite work is entitled to use his work independently of the composite work, unless otherwise provided by the contract with the creator of the composite work.
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Copyright in translation, collection, other derivative or composite work does not prevent other persons from translating or processing the same original work, as well as creating their own composite works by other selection or arrangement of the same materials.
The publisher of encyclopedias, encyclopaedic dictionaries, periodic and ongoing collections of scientific papers, newspapers, magazines and other periodicals owns the right to use such publications. The publisher has the right, in any use of such publication, to indicate its name or to require its indication.
An independent place among objects of copyright belongs to official works which are created within the limits established for the employee (author) of employment duties.
If the work is created on the basis of the employer's job description and at his expense or in the course of performing the official duties stipulated in the employment contract, then in accordance with the law, the exclusive rights to use this product are transferred to the employer. At the same time, personal non-property rights are not alienated and remain for authors - individuals. Rights to works created outside the scope of an employment contract or service assignment can not be considered transferred to the employer on the basis of the law. For example, the illustrations of an employee for an article created in the order of a service assignment can not be regarded as a work of service if they are not provided for by such an assignment or an employment contract with the employer.
The size and procedure for payment of royalties for each type of use of a work of art are established by the author's agreement with the employer. Such a contract is of a civil law character, and general rules on the procedure for concluding contracts apply.
If the employer, within three years from the day when the work was placed at his disposal, does not start using this work, does not transfer the exclusive right to him to another person or inform the author about the preservation of the work in secret, the exclusive right to the work belongs to the author.
If the employer in the above-mentioned period starts using the service work or transfers the exclusive right to another person, the author has the right to remuneration. The author acquires the said right to remuneration and in the event that the employer has made a decision to keep the official work in secret and for this reason did not begin using the work in the specified period. The amount of remuneration, conditions and procedure for its payment by the employer are determined by the contract between him and the employee, and in case of dispute by the court.
In the case when the exclusive right to a work of art belongs to the author, the employer has the right to use such work in ways determined by the purpose of the service assignment, and in the limits that follow from the job, and also to publish such work, unless otherwise provided by the contract between him and the employee. At the same time, the author's right to use the work in a way that is not determined by the purpose of the service assignment, but also at least by the way determined by the purpose of the assignment, but beyond the bounds of the employer's task, is not limited.
The employer may, with the use of a service product, indicate his name or name or require such instruction.
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