Criteria for Copyrightability in Russian Copyright Doctrine and Judicial Practice
This article analyzes the current state of debates on minimum levels of creativity needed for works to be copyrightable, including dominant principles in Russian jurisprudence and judicial practice, principal trends, and contradictions and dysfunctions that arise in the course of implementation of various criteria of copyrightability.
An analysis of the judicial practice of recent years warrants the conclusion that standards of creativity as a criterion of copyrightability have dropped drastically. Today’s standards are similar to those of the former American sweat of the brow doctrine.
But, unlike foreign legal systems that set comparatively low standards of protectability, the Russian judiciary has not yet evolved mechanisms of compensation for risks of monopolization of public domain content.
First of all, there is no practice of granting exclusive rights to a work that is similar to an earlier work but has been created independently. Secondly, the practice of refusing protection to non-unique, standard, generally known, and generally available content is dwindling away. Thirdly, there is a trend to give a large scope of protection to works of low authorship.
As a result, exclusive rights are granted to standard or generally accessible content – content that must belong to the public domain, - which puts unjustified restrictions on the creative activities of other authors. Moreover, it makes their legal status unpredictable as it lays the basis for unintended but penalized copyright violations. This amounts to a classical case of overprotection.
The article describes the multilingualism of the austrian writer V. Vertlib as the source of his literary creativity.
Some texts written by me together with corresponding member of the Russian Academy of science Sergei P. Kurdyumov (1928-2004) and under his direct ideological influence are collected in the book. These texts are elaborated, systematized, brought together in the book and supplemented with new materials. Sergei P. Kurdyumov were possessed of a deep metaphysical flair and put forward ideas, the matter of which are not fully clear up to now. These are, first of all, the idea of co-evolution and the notion of complex structures developing at different tempos as co-existing tempo-worlds. Owing to developments in the field of nonlinear dynamics and of synergetics, the classical problem of time and the problems of evolutionary holism disclose some new and non-traditional aspects. The matter of new notions of nonlinearity of the course of time in the processes of evolution and coevolution and of nonlinear links between different modi of time – between the past, the present and the future - come to the light in the book. Analyses of four interconnected aspects of the course of processes in open and nonlinear dissipative systems – of evolutionarity, temporality, emergent nature and holism – are carried out. A whole series of paradoxical notions, such as “the influence of the future upon the present”, “the possibility of touch of a remote future in praesenti”, irreversibility and elements of reversibility of the course of time appear in synergetics, non-traditional and nonlinear notion of time being at the heart of all of them. It is shown that the best pictorial view of the nonlinear time is apparently the tree of evolution or the tree of time that represent one of archetypes in the human psyche. This image is widely used in myths and religious doctrines of the world nations (the tree of evolution of languages from some united parent language or the tree of evolution of biological species), the image is often drawn by children, appears in consciousness of a man in his sleep, etc. The synergetics methodology under development is applied to study of cognitive systems. The emergent structures of evolution and of self-organization of the individual consciousness, their spatiotemporal peculiarities, and the complexity of the human Self are considered in detail. The radical changes in the understanding of the problems of time that occur due to synergetics are compared with images of time and with the notions of connection between the past, the present and the future in the history of philosophy and of culture. The obtained methodological inferences are of great importance for a reform of systems of education, for forecasting (for building of scenarios of future development), for effective management activity in the modern globalizing world, for elaboration of methods of stimulation of the creative thinking, for the growth of personality and its adequate building into the social media.
E.P.Gavrilov - doctor of legal sciences, professor of civil law department of National research university Higher school of economics (Moscow, firstname.lastname@example.org), proposes a line of measures which should be taken by organs and persons engaged in intellectual rights sphere in connection with the submittance to the State Duma on 2.04.2012 of a draft concerning amendments, in particular, of the fourth part of the RF Civil Code.
This paper is dedicated to the establishment of inclusive legal method in the system of intellectual property rights in terms of information economy.
The book describes theinterdependent relations between the multilingualism and literary creativity.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/