The criteria of copyrightability used in Russian judicial practice

Andrey Kashanin ()
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Andrey Kashanin: National Research University Higher School of Economics

HSE Working papers from National Research University Higher School of Economics

Abstract: This article addresses the problem of identifying criteria for copyrightability and non-copyrightability in the Russian legal system, especially in judicial practice. An analysis of court rulings issued over the past few years warrant the conclusion that there is a trend towards setting looser standards of originality and creativity. The article also describes a trend in Russian judicial practice to grant copyright protection to works of low authorship and goes into problems and contradictions that this entails. It compares principles that evolved in Russian law with similar principles used abroad, mainly in Germany.

Keywords: copyright; intellectual property; intellectual rights; personal non-property rights; exclusive rights; copyrightable work; copyrightability; works of low authorship; originality; creativity (search for similar items in EconPapers)
JEL-codes: O34 (search for similar items in EconPapers)
Pages: 20 pages
Date: 2014
New Economics Papers: this item is included in nep-cis, nep-ipr, nep-pr~, nep-law and nep-tra
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Published in WP BRP Series: Law / LAW, January 2014, pages 1-20

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Persistent link: https://EconPapers.repec.org/RePEc:hig:wpaper:30/law/2014

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