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Article

Об инклюзивном механизме регулирования авторских отношений в Российской Федерации

The paper is dedicated to research of prerequisites for establishment of inclusive legal regulating mechanism of copyright relations in the information society. We have studied the question of necessity to take in account inherent properties of intellectual works while developing the rules of their legal regulation. We consider that natural theory of law suppose the existence of two kinds morality of law and its influence on the legal system. We have fulfilled analysis of the embodiment of morality of duty and morality of aspiration in copyright legal provisions. It is demonstrated that the legal enforcement of morality of aspiration allows to authors standing for maximal proliferation of their works for free to realise own intellectual rights with greater effectiveness. The elaborated conclusion is that morality of aspiration works as a philosophy-legal basis for inclusive regulating mechanism of copyright relations. To support the positive influence of morality of aspiration on copyright legislation in the interests of society and intellectual rights holders, the author of this article recommends to enhance development of the inclusive regulating mechanism of copyright relations in Russia.