A lot of Internet content is user content – the information provided by users which can be author’s content, derivative content or copied content. This makes the authors – A. Ermakova (Ph. D. in Law), assistant professor, EMBA, Russian Federation patent attorney, director for legal issues at Russia’s Higher School of Economics, and A. Sukhareva, student at Russian Private Law School, legal advisor at the Higher School of Economics – raise the question on defining the legitimacy of creation and placement of user content as well is legal use by third parties.
The paper describes the results of a comparative analysis of minimal rates of compensation set in agreements between authors and users based on the respective amount set in Germany and the current Russian legislation. Author stipulates that setting such minimal rates is a promising thing and that the amount can be set by agreements between representatives of authors and users.
The author questions to what extent the current situation with copyright, by the example of protection of music works in the U.S., reflects the philosophical concepts of real value and social value. Considering the following specifics of contemporary copyright law in the U.S.: its similarity to property rights framework, stressing limited fixation of moral rights; lowering the level of uniqueness due to dissemination of "sampled" works; changing the concept of fair use due to the strict regulation of technical protection; presence of many intermediaries not related to creation of product (publishing business, recording business, movies industry) – one can conclude that the intellectual property is becoming increasingly less of a reflection of personality that creates it and also fails to express the idea of social equality.