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Regular version of the site

Article

Проблемы имплементации лицензий CREATIVE COMMONS в России

Закон. 2016. № 10. С. 166-174.
Будник Р. А.

This article is dedicated to analysis of preconditions for development and worldwide use of Creative Commons (CC) license system. CC licensing system is based on legal formula of author’s right protection called «some rights reserved», which is deferent to standard legal formula of copyright as known as «all rights reserved». We provide the description of CC licenses’ terms, their purposes and the legal classification of licenses. We describe the status of adaptation of CC licenses to the legislation of different countries. It is noted that among domestic lawyers is an ongoing debate on correlation of CC licenses rules to the Civil Code of Russian Federation. It is shown that recent supplementation of Russian Civil Code by the novel institute called «open license» in the Article 1286.1 is nothing other than an attempt to receipt all the CC license system in the form of one generalized rule of law. We have emphasized the positive impact of the novel rule on the character of Russian intellectual property rights legislation. We have fulfilled a detailed analysis of low efficiency of the open license instrument in its present form for practical use at present and underline the lack of the situation’s improvement prospects in future. The author proposes to implement the CC licensing system to the national legislation on intellectual property rights in full fledge form without exception by the direct reference to official text of CC licenses in Russian language.