Представляю Вашему вниманию шаблон обращения к распространителям нелицензионного контента (далее – Шаблон). Обратите внимание на то, что Шаблон предназначен для досудебного урегулирования споров и должен быть соответствующим образом переработан при использовании в качестве базы для составления судебного иска. Так же прошу обратить Ваше внимание на то, что отдельные положения национального законодательства даны в Шаблоне с использованием средства автоматического (машинного) перевода, предоставляемого компанией Google. С учётом последних новостей некоторые словосочетания могут быть переведены некорректно.
Примечание: настоящий текст составлен с использованием международных и локальных нормативно-правовых актов по состоянию на 14.01.2016 . При необходимости данный текст может быть дополнен положениями из того или иного национального законодательства. Данный текст (шаблон) размещается на сайте 1001.ru в ознакомительных целях и для дальнейшего использования правообладателями и юристами в сфере охраны авторских и смежных прав. Положения настоящего текста даны на английском (British English) языке. Использованы правовые нормы, регулирующие распространение как объектов правовой охраны в общем случае, так и программ для ЭВМ (компьютерных программ). При использовании данного шаблона в целях защиты авторских и смежных прав на иные произведения используйте адрес vvshah_copyright@ergosolo.ru или kirillsavelev@yandex.ru . Вам будет выслана уточнённая версия шаблона.
_____________________________________________________________________________________
My name is ******. I am the owner of the exclusive rights for the computer program “***” which has been placed on the website “***” (link).
It can be downloaded via those links:
***
In accordance with the data trace you are the host-provider of this website. Having a wish to protect my legal interests I contact you to remove this content. I would also like to have information about the owner or owners of the site in order to file a lawsuit against them.
According to the several Articles of the Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886, completed at PARIS on May 4, 1896, revised at BERLIN on November 13, 1908, completed at BERNE on March 20, 1914, revised at ROME on June 2, 1928, at BRUSSELS on June 26, 1948, at STOCKHOLM on July 14, 1967, and at PARIS on July 24, 1971, and amended on September 28, 1979,
“(1) The expression “literary and artistic works” shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramatico-musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.
(2) It shall, however, be a matter for legislation in the countries of the Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form.
(3) Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright in the original work.
(4) It shall be a matter for legislation in the countries of the Union to determine the protection to be granted to official texts of a legislative, administrative and legal nature, and to official translations of such texts.
(5) Collections of literary or artistic works such as encyclopaedias and anthologies which, by reason of the selection and arrangement of their contents, constitute intellectual creations shall be protected as such, without prejudice to the copyright in each of the works forming part of such collections.
(6) The works mentioned in this Article shall enjoy protection in all countries of the Union. This protection shall operate for the benefit of the author and his successors in title.
(7) Subject to the provisions of Article 7(4) of this Convention, it shall be a matter for legislation in the countries of the Union to determine the extent of the application of their laws to works of applied art and industrial designs and models, as well as the conditions under which such works, designs and models shall be protected. Works protected in the country of origin solely as designs and models shall be entitled in another country of the Union only to such special protection as is granted in that country to designs and models; however, if no such special protection is granted in that country, such works shall be protected as artistic works.
(8) The protection of this Convention shall not apply to news of the day or to miscellaneous facts having the character of mere items of press information.
(1) It shall be a matter for legislation in the countries of the Union to exclude, wholly or in part, from the protection provided by the preceding Article political speeches and speeches delivered in the course of legal proceedings.
(2) It shall also be a matter for legislation in the countries of the Union to determine the conditions under which lectures, addresses and other works of the same nature which are delivered in public may be reproduced by the press, broadcast, communicated to the public by wire and made the subject of public communication as envisaged in Article 11bis(1) of this Convention, when such use is justified by the informatory purpose.
(3) Nevertheless, the author shall enjoy the exclusive right of making a collection of his works mentioned in the preceding paragraphs.
(1) The protection of this Convention shall apply to:
(a) authors who are nationals of one of the countries of the Union, for their works, whether published or not;
(b) authors who are not nationals of one of the countries of the Union, for their works first published in one of those countries, or simultaneously in a country outside the Union and in a country of the Union.
(2) Authors who are not nationals of one of the countries of the Union but who have their habitual residence in one of them shall, for the purposes of this Convention, be assimilated to nationals of that country.
(3) The expression “published works” means works published with the consent of their authors, whatever may be the means of manufacture of the copies, provided that the availability of such copies has been such as to satisfy the reasonable requirements of the public, having regard to the nature of the work. The performance of a dramatic, dramatico-musical, cinematographic or musical work, the public recitation of a literary work, the communication by wire or the broadcasting of literary or artistic works, the exhibition of a work of art and the construction of a work of architecture shall not constitute publication.
(4) A work shall be considered as having been published simultaneously in several countries if it has been published in two or more countries within thirty days of its first publication.
The protection of this Convention shall apply, even if the conditions of Article 3 are not fulfilled, to:
(a) authors of cinematographic works the maker of which has his headquarters or habitual residence in one of the countries of the Union;
(b) authors of works of architecture erected in a country of the Union or of other artistic works incorporated in a building or other structure located in a country of the Union.
(1) Authors shall enjoy, in respect of works for which they are protected under this Convention, in countries of the Union other than the country of origin, the rights which their respective laws do now or may hereafter grant to their nationals, as well as the rights specially granted by this Convention.
(2) The enjoyment and the exercise of these rights shall not be subject to any formality; such enjoyment and such exercise shall be independent of the existence of protection in the country of origin of the work. Consequently, apart from the provisions of this Convention, the extent of protection, as well as the means of redress afforded to the author to protect his rights, shall be governed exclusively by the laws of the country where protection is claimed.
(3) Protection in the country of origin is governed by domestic law. However, when the author is not a national of the country of origin of the work for which he is protected under this Convention, he shall enjoy in that country the same rights as national authors.
(4) The country of origin shall be considered to be:
(a) in the case of works first published in a country of the Union, that country; in the case of works published simultaneously in several countries of the Union which grant different terms of protection, the country whose legislation grants the shortest term of protection;
(b) in the case of works published simultaneously in a country outside the Union and in a country of the Union, the latter country;
(c) in the case of unpublished works or of works first published in a country outside the Union, without simultaneous publication in a country of the Union, the country of the Union of which the author is a national, provided that:
(i) when these are cinematographic works the maker of which has his headquarters or his habitual residence in a country of the Union, the country of origin shall be that country, and
(ii) when these are works of architecture erected in a country of the Union or other artistic works incorporated in a building or other structure located in a country of the Union, the country of origin shall be that country.
(1) Where any country outside the Union fails to protect in an adequate manner the works of authors who are nationals of one of the countries of the Union, the latter country may restrict the protection given to the works of authors who are, at the date of the first publication thereof, nationals of the other country and are not habitually resident in one of the countries of the Union. If the country of first publication avails itself of this right, the other countries of the Union shall not be required to grant to works thus subjected to special treatment a wider protection than that granted to them in the country of first publication.
(2) No restrictions introduced by virtue of the preceding paragraph shall affect the rights which an author may have acquired in respect of a work published in a country of the Union before such restrictions were put into force.
(3) The countries of the Union which restrict the grant of copyright in accordance with this Article shall give notice thereof to the Director General of the World Intellectual Property Organization (hereinafter designated as “the Director General”) by a written declaration specifying the countries in regard to which protection is restricted, and the restrictions to which rights of authors who are nationals of those countries are subjected. The Director General shall immediately communicate this declaration to all the countries of the Union.
(1) Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.
(2) The rights granted to the author in accordance with the preceding paragraph shall, after his death, be maintained, at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorized by the legislation of the country where protection is claimed. However, those countries whose legislation, at the moment of their ratification of or accession to this Act, does not provide for the protection after the death of the author of all the rights set out in the preceding paragraph may provide that some of these rights may, after his death, cease to be maintained.
(3) The means of redress for safeguarding the rights granted by this Article shall be governed by the legislation of the country where protection is claimed.
(1) The term of protection granted by this Convention shall be the life of the author and fifty years after his death.
(2) However, in the case of cinematographic works, the countries of the Union may provide that the term of protection shall expire fifty years after the work has been made available to the public with the consent of the author, or, failing such an event within fifty years from the making of such a work, fifty years after the making.
(3) In the case of anonymous or pseudonymous works, the term of protection granted by this Convention shall expire fifty years after the work has been lawfully made available to the public. However, when the pseudonym adopted by the author leaves no doubt as to his identity, the term of protection shall be that provided in paragraph (1). If the author of an anonymous or pseudonymous work discloses his identity during the above-mentioned period, the term of protection applicable shall be that provided in paragraph (1). The countries of the Union shall not be required to protect anonymous or pseudonymous works in respect of which it is reasonable to presume that their author has been dead for fifty years.
(4) It shall be a matter for legislation in the countries of the Union to determine the term of protection of photographic works and that of works of applied art in so far as they are protected as artistic works; however, this term shall last at least until the end of a period of twenty-five years from the making of such a work.
(5) The term of protection subsequent to the death of the author and the terms provided by paragraphs (2), (3) and (4) shall run from the date of death or of the event referred to in those paragraphs, but such terms shall always be deemed to begin on the first of January of the year following the death or such event.
(6) The countries of the Union may grant a term of protection in excess of those provided by the preceding paragraphs.
(7) Those countries of the Union bound by the Rome Act of this Convention which grant, in their national legislation in force at the time of signature of the present Act, shorter terms of protection than those provided for in the preceding paragraphs shall have the right to maintain such terms when ratifying or acceding to the present Act.
(8) In any case, the term shall be governed by the legislation of the country where protection is claimed; however, unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work.
The provisions of the preceding Article shall also apply in the case of a work of joint authorship, provided that the terms measured from the death of the author shall be calculated from the death of the last surviving author.
Authors of literary and artistic works protected by this Convention shall enjoy the exclusive right of making and of authorizing the translation of their works throughout the term of protection of their rights in the original works.
(1) Authors of literary and artistic works protected by this Convention shall have the exclusive right of authorizing the reproduction of these works, in any manner or form.
(2) It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.
(3) Any sound or visual recording shall be considered as a reproduction for the purposes of this Convention.
The provisions of this Convention shall not preclude the making of a claim to the benefit of any greater protection which may be granted by legislation in a country of the Union. ”
According to the Section 297A of Copyright, Designs and Patents Act 1988 (GB)
“297A Unauthorised decoders.
(1)A person commits an offence if he—
(a)makes, imports, distributes, sells or lets for hire or offers or exposes for sale or hire any unauthorised decoder;
(b)has in his possession for commercial purposes any unauthorised decoder;
(c)instals, maintains or replaces for commercial purposes any unauthorised decoder; or
(d)advertises any unauthorised decoder for sale or hire or otherwise promotes any unauthorised decoder by means of commercial communications.
(2)A person guilty of an offence under subsection (1) is liable—
[F2(a)on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both;]]
(b)on conviction on indictment, to imprisonment for a term not exceeding [F3ten] years, or to a fine, or to both.
(3)It is a defence to any prosecution for an offence under this section for the defendant to prove that he did not know, and had no reasonable ground for believing, that the decoder was an unauthorised decoder.
(4)In this section—
“apparatus” includes any device, component or electronic data (including software);
“conditional access technology” means any technical measure or arrangement whereby access to encrypted transmissions in an intelligbile form is made conditional on prior individual authorisation;
“decoder” means any apparatus which is designed or adapted to enable (whether on its own or with any other apparatus) an encrypted transmission to be decoded;
“encrypted” includes subjected to scrambling or the operation of cryptographic envelopes, electronic locks, passwords or any other analogous application;
“transmission” means—
(a)
any programme included in a broadcasting F4. . . service which is provided from a place in the United Kingdom or any other member State; or
(b)
an information society service (within the meaning of Directive 98/34/EC of the European Parliament and of the Council of 22nd June 1998 F5, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20th July 1998 F6) which is provided from a place in the United Kingdom or any other member State; and
“unauthorised”, in relation to a decoder, means that the decoder is designed or adapted to enable an encrypted transmission, or any service of which it forms part, to be accessed in an intelligible form without payment of the fee (however imposed) which the person making the transmission, or on whose behalf it is made, charges for accessing the transmission or service (whether by the circumvention of any conditional access technology related to the transmission or service or by any other means).”
According to the Federal Act on Copyright and Related Rights (Copyright Act, CopA) of 9 October 1992 (Status as of 1 January 2011) (Switzerland),
“ Titel 1: Subject-Matter
Art. 1
1 This Act regulates:
a.
the protection of authors of literary and artistic works;
b.
the protection of performers, producers of phonograms and audiovisual fixations and broadcasting organisations;
c.
the federal supervision of the collective rights management organisations.
2 International treaties remain reserved.
Titel 2: Copyright
Chapter 1: Works
Art. 2 Definition of works
1 Works are literary and artistic intellectual creations with an individual character, irrespective of their value or purpose.
2 They include, in particular:
a.
literary, scientific and other linguistic works;
b.
musical works and other acoustic works;
c.
works of art, in particular paintings, sculptures and graphic works;
d.
works with scientific or technical content such as drawings, plans, maps or three-dimensional representations;
e.
works of architecture;
f.
works of applied art;
g.
photographic, cinematographic and other visual or audiovisual works;
h.
choreographic works and works of mime.
3 Computer programs are also works.
4 Drafts, titles and parts of works, insofar as they are intellectual creations with an individual character, are also protected.
Art. 3 Derivative works
1 Derivative works are intellectual creations with an individual character that are based upon pre-existing works, whereby the individual character of the latter remains identifiable.
2 Such works include, in particular, translations as well as audiovisual and other adaptations.
3 Derivative works are protected as works in their own right.
4 The protection of the works used in the derivative work remains reserved.
Art. 4 Collected works
1 Collections are protected as works in their own right insofar as they are intellectual creations with individual character with regard to their selection and arrangement.
2 Works included in a collected work may be protected individually.
Art. 5 Works excluded from protection
1 Copyright does not protect:
a.
acts, ordinances, international treaties and other official enactments;
b.
means of payment;
c.
decisions, minutes and reports issued by authorities and public administrations;
d.
patent specifications and published patent applications.
2 Copyright also does not protect official or legally required collections and translations of the works referred to in paragraph 1.
Chapter 2: Author
Art. 6 Definition
The author is the natural person who has created the work.
Art. 7 Joint authorship
1 Where two or more persons have contributed as authors to the creation of a work, copyright belongs to all such persons jointly.
2 Unless they have agreed otherwise, they may only use the work with the consent of all authors; consent may not be withheld for reasons contrary to the principles of good faith.
3 Each joint author may independently bring an action for infringement, but may only ask for relief for the benefit of all.
4 Where the individual contributions may be separated and there is no agreement to the contrary, each joint author may use his own contribution independently provided such use does not impair the exploitation of the joint work.
Art. 8 Presumption of authorship
1 Unless proven otherwise, the author is the person whose name, pseudonym or distinctive sign appears on the copies or the publication of the work.
2 As long as the author is not named or remains unknown in the case of a pseudonym or a distinctive sign, the person who is the editor of the work may exercise the copyright. Where such person is also not named, the person who has published the work may exercise the copyright.
<…>
Chapter 3: Scope of Copyright
Section 1: Relationship of the Author to his Work
Art. 9 Recognition of authorship
1 The author has the exclusive right to his own work and the right to recognition of his authorship.
2 The author has the exclusive right to decide whether, when, how and under what author's designation his own work is published for the first time.
3 A work is considered to be published when it has been made available for the first time by the author, or with his consent, to a large number of persons not constituting a private circle as defined in Article 19 paragraph 1 letter a.
Art. 10 Use of the work
1 The author has the exclusive right to decide whether, when and how his work is used.
2 The author has the right, in particular:
a.
to produce copies of the work, such as printed matter, phonograms, audiovisual fixations or data carriers;
b.
to offer, transfer or otherwise distribute copies of the work;
c.1
to recite, perform or present a work, or make it perceptible somewhere else or make it available directly or through any kind of medium in such a way that persons may access it from a place and at a time individually chosen by them;
d.
to broadcast the work by radio, television or similar means, including by wire;
e.
to retransmit works by means of technical equipment, the provider of which is not the original broadcasting organisation, in particular including by wire;
f.2
to make works made available, broadcast and retransmitted perceptible.
3 The author of a computer program also has the exclusive rental right.
Art. 11 Integrity of the work
1 The author has the exclusive right to decide:
a.
whether, when and how the work may be altered;
b.
whether, when and how the work may be used to create a derivative work or may be included in a collected work.
2 Even where a third party is authorised by contract or law to alter the work or to use it to create a derivative work, the author may oppose any distortion of the work that is a violation of his personal rights.
3 It is permissible to use existing works for the creation of parodies or other comparable variations on the work.
Art. 17 Rights to computer programs
Where a computer program has been created under an employment contract in the course of discharging professional duties or fulfilling contractual obligations, the employer alone shall be entitled to exercise the exclusive rights of use.
Chapter 5: Exceptions to Copyright
Art. 19 Private use
1 Published works may be used for private use. Private use means:
a.
any personal use of a work or use within a circle of persons closely connected to each other, such as relatives or friends;
b.
any use of a work by a teacher and his class for educational purposes;
c.
the copying of a work in enterprises, public administrations, institutions, commissions and similar bodies for internal information or documentation.
2 Persons entitled to make copies of a work for private use may also have them made by third parties subject to paragraph 3; libraries, other public institutions and businesses that make copying apparatus available to their users are also deemed third parties within the meaning of this paragraph.1
3 The following are not permitted outside the private sphere defined in paragraph 1 letter a:2
a.
the complete or substantial copying of a work obtainable commercially;
b.
the copying of works of art;
c.
the copying of musical scores;
d.
the fixation of recitations, performances or presentations of a work on blank media.
3bis Copies which are made by accessing works that are lawfully made available are neither subject to the restriction of private use under this Article nor are they included in the claims for remuneration under Article 20.3
4 This Article does not apply to computer programs.
Art. 21 Decoding of computer programs
1 Any person who has the right to use a computer program may obtain, either personally or through a third party, necessary information on the interfaces by decoding the program code using independently developed programs.
2 The interface information obtained by decoding the program code may only be used for the development, maintenance and use of interoperable computer programs insofar as neither the normal exploitation of the program nor the legitimate interests of the owner of the rights are unreasonably prejudiced.
Chapter 6: Term of Protection
Art. 29 In general
1 A work is protected by copyright as soon as it is created, irrespective of whether it has been fixed on a physical medium.
2 Protection expires:
a.
in the case of computer programs, 50 years after the death of the author;
b.
in the case of all other works, 70 years after the death of the author.
3 Where it is has to be assumed that the author has been dead for more than 50 or 70 years1 respectively, protection no longer applies.
Art. 30 Joint authorship
1 Where two or more persons have participated in the creation of a work (Art. 7), protection expires:
a.
in the case of computer programs, 50 years after the death of the last surviving joint author1;
b.
in the case of all other works, 70 years after the death of the last surviving joint author2.
2 Where the individual contributions may be separated, protection for each contribution expires 50 or 70 years3 respectively after the death of the respective author.
3 In the case of films and other audiovisual works, the calculation of the term of protection is based solely on the date of the death of the director.
Art. 32 Calculation
The term of protection is calculated from 31 December of the year in which the event determining the calculation occurred.
Chapter 2: Criminal Provisions
Art. 67 Copyright infringement
1 On the complaint of the person whose rights have been infringed, any person who wilfully and unlawfully commits any of the following acts is liable to a custodial sentence not exceeding one year or a monetary penalty: 1
a.
uses a work under a false designation or a designation that differs from that decided by the author;
b.
publishes a work;
c.
modifies a work;
d.
uses a work to create a derivative work;
e.
produces copies of a work in any manner;
f.
offers, transfers or otherwise distributes copies of a work;
g.
recites, performs or presents a work or makes a work perceptible somewhere else either directly or with the help of any kind of medium;
gbis.2makes a work available through any kind of medium in such a way that persons may access it from a place and at a time individually chosen by them;
h.
broadcasts a work by radio, television or similar means, including by wire, or retransmits a broadcast work by means of technical equipment, the operator of which is not the original broadcasting organisation;
i.3
makes a work made available, a broadcast work or a retransmitted work perceptible;
k.4
refuses to notify the authority concerned of the origin and quantity of items in his possession that have been unlawfully manufactured or placed on the market, and to name the recipients and disclose the extent of any distribution to commercial and industrial consumers;
l.
rents out a computer program.”
According to the U.S. Code,
“Title 17-COPYRIGHTS
CHAPTER 1-SUBJECT MATTER AND SCOPE OF COPYRIGHT
§117. Limitations on exclusive rights: Computer programs
(a) Making of Additional Copy or Adaptation by Owner of Copy.-Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
(1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
(2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.
(b) Lease, Sale, or Other Transfer of Additional Copy or Adaptation.-Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner.
(c) Machine Maintenance or Repair.-Notwithstanding the provisions of section 106, it is not an infringement for the owner or lessee of a machine to make or authorize the making of a copy of a computer program if such copy is made solely by virtue of the activation of a machine that lawfully contains an authorized copy of the computer program, for purposes only of maintenance or repair of that machine, if-
(1) such new copy is used in no other manner and is destroyed immediately after the maintenance or repair is completed; and
(2) with respect to any computer program or part thereof that is not necessary for that machine to be activated, such program or part thereof is not accessed or used other than to make such new copy by virtue of the activation of the machine.
(d) Definitions.-For purposes of this section-
(1) the "maintenance" of a machine is the servicing of the machine in order to make it work in accordance with its original specifications and any changes to those specifications authorized for that machine; and
(2) the "repair" of a machine is the restoring of the machine to the state of working in accordance with its original specifications and any changes to those specifications authorized for that machine.
CHAPTER 2-COPYRIGHT OWNERSHIP AND TRANSFER
§201. Ownership of copyright
(a) Initial Ownership.-Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowners of copyright in the work.
(b) Works Made for Hire.-In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.
(c) Contributions to Collective Works.-Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series.
(d) Transfer of Ownership.-
(1) The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.
(2) Any of the exclusive rights comprised in a copyright, including any subdivision of any of the rights specified by section 106, may be transferred as provided by clause (1) and owned separately. The owner of any particular exclusive right is entitled, to the extent of that right, to all of the protection and remedies accorded to the copyright owner by this title.
(e) Involuntary Transfer.-When an individual author's ownership of a copyright, or of any of the exclusive rights under a copyright, has not previously been transferred voluntarily by that individual author, no action by any governmental body or other official or organization purporting to seize, expropriate, transfer, or exercise rights of ownership with respect to the copyright, or any of the exclusive rights under a copyright, shall be given effect under this title, except as provided under title 11.
§203. Termination of transfers and licenses granted by the author
(a) Conditions for Termination.-In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is subject to termination under the following conditions:
(1) In the case of a grant executed by one author, termination of the grant may be effected by that author or, if the author is dead, by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author's termination interest. In the case of a grant executed by two or more authors of a joint work, termination of the grant may be effected by a majority of the authors who executed it; if any of such authors is dead, the termination interest of any such author may be exercised as a unit by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author's interest.
(2) Where an author is dead, his or her termination interest is owned, and may be exercised, as follows:
(A) The widow or widower owns the author's entire termination interest unless there are any surviving children or grandchildren of the author, in which case the widow or widower owns one-half of the author's interest.
(B) The author's surviving children, and the surviving children of any dead child of the author, own the author's entire termination interest unless there is a widow or widower, in which case the ownership of one-half of the author's interest is divided among them.
(C) The rights of the author's children and grandchildren are in all cases divided among them and exercised on a per stirpes basis according to the number of such author's children represented; the share of the children of a dead child in a termination interest can be exercised only by the action of a majority of them.
(D) In the event that the author's widow or widower, children, and grandchildren are not living, the author's executor, administrator, personal representative, or trustee shall own the author's entire termination interest.
(3) Termination of the grant may be effected at any time during a period of five years beginning at the end of thirty-five years from the date of execution of the grant; or, if the grant covers the right of publication of the work, the period begins at the end of thirty-five years from the date of publication of the work under the grant or at the end of forty years from the date of execution of the grant, whichever term ends earlier.
(4) The termination shall be effected by serving an advance notice in writing, signed by the number and proportion of owners of termination interests required under clauses (1) and (2) of this subsection, or by their duly authorized agents, upon the grantee or the grantee's successor in title.
(A) The notice shall state the effective date of the termination, which shall fall within the five-year period specified by clause (3) of this subsection, and the notice shall be served not less than two or more than ten years before that date. A copy of the notice shall be recorded in the Copyright Office before the effective date of termination, as a condition to its taking effect.
(B) The notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation.
(5) Termination of the grant may be effected notwithstanding any agreement to the contrary, including an agreement to make a will or to make any future grant.
(b) Effect of Termination.-Upon the effective date of termination, all rights under this title that were covered by the terminated grants revert to the author, authors, and other persons owning termination interests under clauses (1) and (2) of subsection (a), including those owners who did not join in signing the notice of termination under clause (4) of subsection (a), but with the following limitations:
(1) A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination, but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work covered by the terminated grant.
(2) The future rights that will revert upon termination of the grant become vested on the date the notice of termination has been served as provided by clause (4) of subsection (a). The rights vest in the author, authors, and other persons named in, and in the proportionate shares provided by, clauses (1) and (2) of subsection (a).
(3) Subject to the provisions of clause (4) of this subsection, a further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is signed by the same number and proportion of the owners, in whom the right has vested under clause (2) of this subsection, as are required to terminate the grant under clauses (1) and (2) of subsection (a). Such further grant or agreement is effective with respect to all of the persons in whom the right it covers has vested under clause (2) of this subsection, including those who did not join in signing it. If any person dies after rights under a terminated grant have vested in him or her, that person's legal representatives, legatees, or heirs at law represent him or her for purposes of this clause.
(4) A further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is made after the effective date of the termination. As an exception, however, an agreement for such a further grant may be made between the persons provided by clause (3) of this subsection and the original grantee or such grantee's successor in title, after the notice of termination has been served as provided by clause (4) of subsection (a).
(5) Termination of a grant under this section affects only those rights covered by the grants that arise under this title, and in no way affects rights arising under any other Federal, State, or foreign laws.
(6) Unless and until termination is effected under this section, the grant, if it does not provide otherwise, continues in effect for the term of copyright provided by this title.
CHAPTER 5-COPYRIGHT INFRINGEMENT AND REMEDIES
§506. Criminal offenses
(a) Criminal Infringement.-
(1) In general.-Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed-
(A) for purposes of commercial advantage or private financial gain;
(B) by the reproduction or distribution, including by electronic means, during any 180–day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or
(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.
(2) Evidence.-For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright.
(3) Definition.-In this subsection, the term "work being prepared for commercial distribution" means-
(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution-
(i) the copyright owner has a reasonable expectation of commercial distribution; and
(ii) the copies or phonorecords of the work have not been commercially distributed; or
(B) a motion picture, if, at the time of unauthorized distribution, the motion picture-
(i) has been made available for viewing in a motion picture exhibition facility; and
(ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing outside a motion picture exhibition facility.
(b) Forfeiture, Destruction, and Restitution.-Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323 of title 18, to the extent provided in that section, in addition to any other similar remedies provided by law.
(c) Fraudulent Copyright Notice.-Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.
(d) Fraudulent Removal of Copyright Notice.-Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.
(e) False Representation.-Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.
(f) Rights of Attribution and Integrity.-Nothing in this section applies to infringement of the rights conferred by section 106A(a).”
According to the Criminal Code of the Russian Federation,
“Article 272. Illegal Accessing of Computer Information
1. Illegal accessing of legally-protected computer information, that is, information on machine-readable
media, in computers, computer systems, and their networks, if this deed has involved the destruction, blocking,
modification, or copying of information, or the disruption of the work of the computers, computer systems, or their
networks,
Shall be punishable with a fine in an amount of up to 200 thousand roubles, or in the amount of the wage
or salary, or any other income of the convicted person for a period of up to 18 months, or by corrective labour for a
term of six to twelve months, or by deprivation of liberty for a term of up to two years.
2. The same deed, committed by a group of persons by previous concert or by an organised group, or by a
person through his official position, and likewise by a person who has access to computers, computer systems, or
their networks,
Shall be punishable with a fine in an amount of 100 thousand to 300 thousand roubles, or in the amount of
the wage or salary, or any other income of the convicted person for a period of one to two years, or by corrective
labour for a term of one to two years, or by deprivation of liberty for a term of up to five years.
Article 273. Creation, Use, and Dissemination of Harmful Computer Viruses
1. Creation of computer viruses for the introduction of changes to existing programmes, which knowingly
leads to the unsanctioned destruction, blocking, modification, or copying of information, the disruption of the work of
computers, computer systems, or their networks, and also the use or dissemination of such viruses or machinereadable
media with such viruses,
Shall be punishable by deprivation of liberty for a term of up to three years, with a fine in an amount up to
200 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a
period up to 18 months.
2. The same acts, which have involved by negligence grave consequences,
Shall be punishable by deprivation of liberty for a term of three to seven years.
Article 274. Violation of Rules for the Operation of Computers, Computer Systems, or Their Networks
1. Violation of rules for the operation of computers, computer systems, or their networks by a person who
has access to computers, computer systems, or their networks, which has involved the destruction, blocking, or
modification of legally-protected computer information, if this act has inflicted substantial damage,
Shall be punishable by disqualification from holding specified offices or engaging in specified activities for a
term of up to five years, or by compulsory works for a term of 180 to 240 hours, or by restraint of liberty for a term
of up to two years.
2. The same act, which has involved by negligence grave consequences,
Shall be punishable by deprivation of liberty for a term of up to four years.”
According to the Civil Code of the Russian Federation
“Article 1255. Copyrights
1. The intellectual rights subsisting in scientific, literary and artistic works are copyrights.
2. The author of a work has the following rights:
1) an exclusive right to the work;
2) the right of attribution;
3) the right to one's own name;
4) a right to integrity of the work;
5) a right to publish the work.
3. Apart from the rights mentioned in Item 27 of the present article, in the cases
envisaged by the present Code the author of the work has other rights, including the right to a
fee for the use of a service work, the right of withdrawal, the resale royalty right, the right of
access to an artistic work.
Article 1256. The Effect of the Exclusive Right to Scientific, Literary and Artistic Works
on the Territory of the Russian Federation
1. The exclusive right to scientific, literary and artistic works extends to:
1) works promulgated on the territory of the Russian Federation or not promulgated but
located in any objective form on the territory of the Russian Federation, and recognised to be
held by their authors (their successors) irrespective of the citizenship thereof;
2) works promulgated outside the territory of the Russian Federation or not promulgated
but located in any objective form outside of the territory of the Russian Federation, and
recognised to be held by authors being citizens of the Russian Federation (their successors);
3) the works promulgated outside the territory of the Russian Federation or nonpromulgated
but located in any objective form outside the territory of the Russian Federation,
and it is recognised on the territory of the Russian Federation to be held by authors (their
successors) being citizens of other states or stateless persons in accordance with international
treaties of the Russian Federation.
2. A work is also deemed promulgated for the first time by publication in the Russian
Federation if within 30 days after the date of the first publication outside the territory of the
Russian Federation it is published on the territory of the Russian Federation.
3. When in accordance with international treaties of the Russian Federation protection is
provided to a work on the territory of the Russian Federation, the author of the work or another
initial right holder shall be determined by the law of the state on whose territory the legal fact
serving as grounds for the acquisition of copyright took place.
4. On the territory of the Russian Federation protection shall be granted to works in
accordance with international treaties of the Russian Federation in respect of the works which
have not passed into the public domain in the country of origin of the work due to the expiry of
the exclusive right's duration established in that country for these works, and which have not
passed into the public domain in the Russian Federation due to the expiry of the effective term
of exclusive right thereto envisaged by the present Code.
When protection is granted to works under international treaties of the Russian
Federation the effective term of the right to these works on the territory of the Russian
Federation shall not exceed the effective term of the exclusive right established in the country of
origin of the works.
Article 1257. The Author of a Work
The author of a scientific, literary or artistic work is the citizen by whose creative work it
has been created. The person indicated as an author on the original or a copy of a work shall be
deemed its author, except as otherwise proven.
Article 1258. Co-Authorship
1. Citizens who have created a work by their joint creative work shall be deemed coauthors
irrespective of this work's being an integral entity or being composed of parts each
having an independent significance.
2. A work created through co-authorship shall be used by the coauthors jointly, except as
otherwise envisaged by agreement between them. If the work is an integral entity, neither of the
co-authors is entitled to ban the use of the work without a sufficiently good reason.
A work's part that can be used independently of other parts, i.e. a part having
independent significance, may be used by its author at his own discretion, except as otherwise
envisaged by agreement among the co-authors.
3. The co-authors' relationships relating to the distribution of incomes from the use of the
work and to the disposition of the exclusive right to the work are subject to the rules of Item 3 of
Article 1229 of the present Code respectively.
4. Each of the co-authors is entitled to take measures on his own to protect his rights, in
particular, when the work created by the coauthors makes up an integral entity.
Article 1259. The Objects of Copyrights
1. The objects of copyright are scientific, literary and artistic works, irrespective of the
merit and significance of the work or the method whereby it is expressed:
literary works;
dramatic and dramatic-musical works, script works;
choreographic works and mime shows;
musical works with or without a text;
audiovisual works;
painting, sculpture, graphic, design, graphic stories, comics and other works of art;
artistic craftsmanship and scenographic works;
works of architecture, city planning and landscaping, including designs, drawings, images
and models;
photographic works and works produced by methods similar to photography;
geographic, geological and other maps, layouts, sketches and plastic works that have to
do with geography, topography and other sciences;
other works.
Also computer programmes protected as literary works are deemed objects of copyright.
2. The following shall be deemed objects of copyright:
1) derivative works, i.e. works being a remake of other works;
2) composite works, i.e. works being the result of a creative work in terms of selection or
arrangement of materials.
3. Copyright extend both to promulgated and non-promulgated works expressed in any
objective form, including written or oral forms (in the form of a public pronouncement, public
performance and in another similar form), in the form of an image, in the form of a sound or
video recording or in a three-dimension spatial form.
4. The occurrence, exercising and protection of copyright require neither registration of
the work nor observation of any formalities.
In respect of computer programmes and databases, registration is possible which takes
place if the right holder so wishes, in accordance with the rules of Article 1262 of the present
Code.
5. Copyrights do not extend to ideas, concepts, principles, methods, processes, systems,
manners or the resolution of technical, organisational or other problems, inventions, facts,
programming languages.
6. The following are not objects of copyright:
1) the official documents of state bodies and the local self-government bodies of
municipal formations, including laws, other normative acts, court decisions, other materials of a
legislative, administrative and judicial nature, the official documents of international
organisations, and also the official translations thereof;
2) state symbols and signs (flags, coats-of-arms, orders, banknotes and coins etc.) and
also the symbols and signs of municipal formations;
3) popular creative works (folklore) having no specific authors;
4) announcements about events and facts which have an exclusively informative nature
(news-of-the-day announcements, television programme timetables, transport timetables etc.).
7. Copyright extends to a part of a work, to the name of a work, a character in a work if
by the nature thereof they may be deemed an independent result of the author's creative work
and meet the requirements set out in Item 3 of the present article.
Article 1261. Computer Programmes
Copyrights in all and any types of computer programmes (including operationing systems
and software complexes) which may be expressed in any language and in any form, including
the initial text and compiled code are protected in the same way as copyrights to literary works.
A computer programme is an aggregate of data and commands presented in an objective form
and intended for the operation of a computer and other computer apparatus for the purpose of
obtaining a certain result, including the preparatory materials produced in the course of
elaboration of the computer programme, and the audiovisual representations generated by it.
Article 1262. The State Registration of Computer Programmes and Databases
1. Within the effective term of the exclusive right to a computer programme or database,
the right holder, if he so wishes, may register the programme or database with the federal
executive governmental body charged with intellectual property matters.
Computer programmes and databases containing information classified as state secrets
are not subject to state registration. A person that files a state registration application (applicant)
shall be accountable for disclosing information on the computer programmes and databases
containing information classified as a state secret under the legislation of the Russian
Federation.
2. An application for the state registration of a computer programme or database (a
registration application) shall cover one computer programme or one database.
The registration application shall comprise the following:
an application for the state registration of the computer programme or database including
reference to the right holder and the author, unless he has refused to be mentioned in this
capacity, and the place of residence or whereabouts of each of them;
the deposited materials identifying the computer programme or database, including a
synopsis;
a document confirming that state duty has been paid at the established rate or that
grounds exist for relief from the payment of state duty or for reducing the rate thereof or
deferring the payment thereof.
The rules for drawing up a registration application shall be established by the federal
executive governmental body charged with normative legal regulation in the area of intellectual
property.
3. On the basis of the registration application the federal executive governmental body
charged with intellectual property matters shall verify the availability of the necessary
documents and materials and their compliance with the requirements set out in Item 2 of the
present article. If the results of the verification are positive, the said federal body shall enter the
computer programme or database into the Register of Computer Programmes and the Register
of Databases respectively, issue a certificate of state registration to the applicant and publish
information on the computer programme or database registered in a publication of that body.
At the request of the said federal body or on his own initiative the author or other right
holder is entitled to do the following until the publication of the information in the publication:
amend the documents and materials mentioned in the registration application.
4. The procedure for the state registration of computer programmes and databases, the
forms of certificates of state registration, a list of the details to be indicated therein and a list of
the details to be published in the publication of the federal executive governmental body
charged with intellectual property matters shall be established by the federal executive
governmental body charged with normative legal regulation in the area of intellectual property.
5. Contracts for alienation of the exclusive right to a registered computer programme or
database and the transfer of the exclusive right to such programme or databases to other
persons without a contract shall be subject to state registration with the federal executive
governmental body charged with intellectual property matters.
Information on the change of the owner of an exclusive right shall be entered into the
Register of Computer Programmes or the Register of Databases on the basis of a registered
contract or another right establishing document and shall be published in the publication of the
federal executive governmental body charged with intellectual property matters.
6. The details entered in the Register of Computer Programmes or the Register of
Databases shall be deemed reliable unless otherwise proven. Responsibility for the reliability of
the information provided for state registration purposes shall be borne by the applicant.
Article 1266. The Right to the Integrity of a Work and the Protection of a Work against
Distortions
1. Without the author's consent it is prohibited to make modifications, cuts and addenda
to the work, to attach illustrations, a preface, afterword, comments or any explanations (the right
of integrity of the work).
When a work is used after the author's death, the person owning the exclusive right to
the work is entitled to permit modifications, cuts or addenda to the work, provided the author's
idea is not distorted and the integrity of perception remains intact, and it does not conflict with
the author's will expressly stated in a will, letters, diaries or other written form.
2. A perversion, distortion or another modification of a work that denigrates the honour,
dignity or business reputation of the author, and equally an attempt at committing such actions
authorises the author to claim protection of his honour, dignity or business reputation in
accordance with the rules of Article 152 of the present Code. In these cases, the protection of
the honour and dignity of an author is for instance admissible after his death if the persons
concerned so claim.
Article 1270. The Exclusive Right to a Work
1. The author of a work or another right holder owns an exclusive right to use the work in
accordance with Article 1229 of the present Code in any form and in any manner not conflicting
with the law (the exclusive right to the work), including the methods specified in Item 2 of the
present article. The right holder may dispose of the exclusive right to the work.
2. Irrespective of relevant actions being or not being committed for the purpose of making
a profit or without such purpose, the use of a work means the following:
1) the reproduction of the work, i.e. the manufacturing of one and more copies of the
work or a part thereof in any material form, including the form of a sound or video recording, the
manufacturing of one and more three-dimensional copies of a two-dimensional work and of one
and more two-dimensional copies of a three-dimensional work. In this case, a recording of the
work on an electronic medium, including saving in a computer memory, shall also be deemed
reproduction, except for cases when such saving is temporary and is an integral and significant
part of a technological process solely intended for legally using a record or legally making the
work known to the public;
2) the distribution of the work by sale or another alienation of its original or copies;
3) the public show of the work, i.e. any showing of the original or a copy of the work
directly either on a screen by means of a film, transparency, television still or other technical
facilities, and also the showing of separate stills of an audiovisual work without the observance
of sequence thereof directly by technical facilities in a place open to the public or in a place
where a significant number of persons are present who do not belong to an ordinary family
group, irrespective of the work's being perceived in the place where it is shown or in another
place simultaneously with the showing of the work;
4) the import of the original or copies of the work for the purpose of distribution;
5) the hiring out of the original or a copy of the work;
6) the public performance of the work, i.e. the presentation of the work through live
performance or technical facilities (radio, television and other technical facilities), and also the
showing of an audiovisual work (with or without sound) in a place open to the public or in a
place where a significant number of persons are present who do not belong to an ordinary
family group, irrespective of the work's being perceived in the place where it is performed or
shown or in another place simultaneously with the performance or show of the work;
7) the radio or television broadcasting (including retransmission), i.e. making the work
known to the public (including the show or performance thereof), except for cable
communications. In this case, communications means any actions whereby the work becomes
open for audio and/or visual perception, irrespective of its being actually perceived by the public.
When a work is broadcast via a satellite broadcasting means the reception of signals from a
ground station by a satellite and transmission of signals from the satellite, such signals being
capable of making the work known to the public, irrespective of the signals being actually
received by the public. An encoded signal transmission is deemed broadcast if decoders are
provided to an unlimited group of persons by a broadcasting organisation or with the consent
thereof;
8) cable communication, i.e. the transmission of the work for the public's notice, by radio
or television via a cable, wire, optical fibre or similar facilities (including re-transmission). An
encoded signal transmission shall be deemed cable communication if decoders are provided to
an unlimited group of persons by a cable services organisation or with the consent thereof;
9) the translation or other processing of the work. In this case, the processing of a work
means the creation of a derivative work (remake, screen version, arrangement, dramatisation
etc.). The processing (modification) of a computer programme or database means any change
therein, including the translation of the programme or database from one language into another,
except for adaptation, i.e. amendment made exclusively for the purposes of running the
computer programme or database on a specific hardware of a user or under the control of
specific programmes of a user;
10) the practical implementation of an architectural, design, town planning or landscaping
project;
11) bringing the work to the notice of the public so that any person can obtain access to
the work from any place and at any time as the person chooses (bringing it to the notice of the
general public).
3. The practical implementation of the provisions making up the content of a work,
including the provisions being a technical, economic, organisational or another solution, shall
not be deemed a use of the work as much as the rules of the present chapter are concerned,
except for the use envisaged by Subitem 10 of Item 2 of the present article.
4. The rules of Subitem 5 of Item 2 of the present article are not applicable to a computer
programme, except for cases when such programme is the main object of hiring-out.
Article 1280. The Free Use of Computer Programmes and Databases. Decompiling
Computer Programmes
1. The person that legally possesses a copy of a computer programme or database
(user) is entitled to do the following without the author's or other right holder's consent and
without paying out a fee:
1) make amendments to the computer programme or database exclusively for the
purpose of running it on the user's hardware and, and carrying out the actions required for
running the computer programme or database in accordance with the intended purpose thereof,
including storing and saving in a computer memory (of one computer or one network user), and
also correcting obvious errors, except as otherwise envisaged by the contract concluded with
the right holder;
2) making a copy of the computer programme or database, provided this copy is intended
only for archiving purposes or for replacing the legally acquired copy if the copy is lost,
destroyed or inoperable. In this case, the copy of the computer programme or database shall
not be used for purposes other than those mentioned in Subitem 1 of the present item, and it
shall be destroyed if the possession of the copy of the computer programme or database is no
longer legal.
2. The person legally possessing a copy of a computer programme is entitled to do the
following without the right holder's consent and without paying a fee: to study, research or test
the operation of the programme for the purpose of assessing the ideas and principles
underlying any component of the computer programme by means of carrying out the actions
envisaged by Subitem 1 of Item 1 of the present article.
3. The person legally possessing a copy of a computer programme is entitled to do the
following without the right holder's consent and without paying a fee: to reproduce and convert
the compiled code into the initial text (to decompile the computer programme) or to instruct
other persons to carry out such actions if they are needed to enabling a programme
independently developed by this person for a computer to interact with the other programmes
which can interact with the programme decompiled, provided the following conditions are
observed:
1) the information required for enabling the interaction was not available to this person
from other sources;
2) the said actions are committed only in respect of those portions of the decompiled
computer programme which are needed for enabling the interaction;
3) the information obtained as the result of the decompilation may only be used to enable
the interaction of the independently developed computer programme with other programmes, it
shall neither be transferred to other persons, except for cases when it is required for enabling
the interaction of the independently developed computer programme with other programmes,
nor be used for developing a computer programme of a kind significantly similar to the computer
programme decompiled or for committing another action infringing the exclusive right to the
computer programme.
4. The application of the provisions of the present article shall neither cause unjustified
damage to the normal use of a computer programme or database nor infringe without grounds
the lawful interests of the author or another right holder.
Article 1296. Computer Programmes and Databases Created to Order
1. If a computer programme or database has been created under a contract having the
creation thereof as its subject matter (to order), the exclusive right to the programme or
database is owned by the customer, unless otherwise envisaged by a contract between the
contractor (performer) and the customer.
2. If according to Item 1 of the present article the exclusive right to a computer
programme or database is owned by the customer the contractor (performer) is entitled, in as
far as is not otherwise envisaged by a contract, to use the programme or database for his own
needs on the terms of a fee-free (non-exclusive) licence for the whole effective term of the
exclusive right.
3. If according to a contract concluded between a contractor (performer) and a customer
the exclusive right to a computer programme or database is owned by the contractor
(performer), the customer is entitled to use the programme or database for his/its own needs on
the terms of a fee-free (non-exclusive) licence for the whole effective term of the exclusive right.
4. The author of a computer programme or database who does not own an exclusive
right to the programme or database is entitled to a fee in accordance with Paragraph 3 of Item 2
of Article 1295 of the present Code.
Article 1297. Computer Programmes and Databases Created When Works Have Been
Performed under a Contract
1. If a computer programme or database has been created when a contractor's contract
or a contract for the performance of research and development works or technological works
was performed, such contracts not expressly requiring the creation thereof, the exclusive right to
the programme or database is owned by the contractor (performer), except as otherwise
envisaged by a contract between him and the customer.
Unless otherwise envisaged by a contract, in this case the customer is entitled to use the
programme and database so created for the purposes for which the relevant contract has been
concluded, on the terms of a simple (non-exclusive) licence over the whole effective term of the
exclusive right without paying out an additional fee for the use. If the exclusive right to the
programme or database has been assigned by the contractor (performer) to another person, the
customer retains the right to use the programme or database.
2. If according to a contract between the contractor (performer) and the customer the
exclusive right to the computer programme or database has been assigned to the customer or
to the third person indicated by the customer, then the contractor (performer) is entitled to use
the programme or database he has created for his own needs on the terms of a fee-free (nonexclusive)
licence over the whole effective term of the exclusive right, except as otherwise
envisaged by a contract.
3. The author of the computer programme or database mentioned in Item 1 of the
present article who does not own an exclusive right to the programme or database is entitled to
a fee in accordance with Paragraph 3 of Item 2 of Article 1295 of the present Code.
Article 1302. Security for a Claim in a Copyright Violation Case
1. A court may forbid a defendant or a person believed on sufficient grounds to be an
infringer of copyright from carrying out of certain actions (manufacture, reproduction, sale, hiring
out, importation or other use envisaged by the present Code, and also the transportation,
storage or possession) of copies of a work for the purpose of using them in civil-law transactions
if the copies are understood to be counterfeit.
2. The court may order the seizure of all copies of a work that are assumed to be
counterfeit, and also of materials and equipment used or intended for the manufacture or
reproduction/playback thereof.
If sufficient information is on hand concerning an infringement of copyright the inquiry or
investigation bodies shall take measures for searching and seizing the copies of the work
assumed to be counterfeit, and also material and equipment used or intended for the
manufacture or reproduction/playback of the said copes of the work, including, where
necessary, measures for seizing them and putting in custody.”
According to the all foregoing legal texts and laws, the code of program “****” (Product) being placed on your resource is illegal. The modifications of the program code giving the unknown number of users the ability to explore and use the Product without any legal registration and payment are also illegal and prohibited by the criminal law.
If you have a possibility to contact the owner of the website tell them to remove all copies of the Product. You can also contact me and give the name and other “private” information of the owner of the website contained the illegally modificated and distributed program code.
Additional documents: copy of my passport.
