In this work the potential profitability is considered as additional criteria for classification of informational objects. It is discovered that potential profitability of the one part of information objects grows along with increase of its prevalence and drop for another part. In the article is revealed a regulatory gap of actual legislation for effective use of information objects with growing profitability along with its prevalence increase. It is offered to bridge the gap with the legal method of access encouragement for the specific class of information objects added into intellectual property law.
This article considers the concept of "public domain" in a context of modern understanding of this definition, considering the international innovations and the Russian realities.
The article analyzes the infl uence of the regulation on the non-repayable transfer of a work to the general public at the author’s will. This regulation is being proposed as an amendment to Russian intellectual property law. The author of the article believes that this legal rule will enrich Russian law with positive author’s rights in addition to negative prohibitive powers. The next step proposed is to legalize the author’s right to transfer works to the public domain. Positive author’s rights are considered in the context of accumulating information capital in order to develop Russia’s post-industrial economy.