Main tasks and practical skills:
- The Judge should be able to distinguish subjects of copyright from subjects of general civil rights:
- In addition to an author of a work, there may be co-authors of such work and author of a derivative work out of such work (these are referred to in the Civil Code 1995 as adapted work, modified work, transformed work, edited work, annotated work and selected work)
- Owner of copyright may not be the author (The Civil Code 1995 refers to as owner of copyright);
- In addition to copyright, there are rights associated with copyright. There is owner of rights associated with copyright accordingly.
- Characteristics of copyright:
- Copyright shall comprise personal rights and property rights with respect to the work (Article 738 of the Civil Code 2005);
- Copyright arises from the date on which a work is created and rendered in a definite material form (Item 1 of Article 739 of the Civil Code 2005). This is a distinction from the industrial property rights and also different from other countries in the world. The copyright still arises even when its protection is not registered yet;
- Property rights which are part of copyright shall exist for the duration specified by law (often the next 50 years after the death of the author) and be transferable. Personal rights which are part of copyright shall exist indefinitely and be not transferable, except for the right to publish the work or authorize other persons to publish the work.
- Rights associated with copyright shall comprise right to performances, right to sound recordings or visual recordings ; right to broadcasts ; right to satellite signals carrying coded programmes. Property rights of the above rights shall be protected only within a period specified by law.
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