著作权及相关权实施与保护组织活动的法律规制

L. E. Barkovskaya
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引用次数: 1

摘要

的相关性。然而,目前的民法理论及其基础上的立法通常没有考虑到在集体基础上实现和保护权利的情况下需要采取特殊方法。目前,俄罗斯联邦的立法确定了实施所谓的专有版权和有关权利集体管理的基础,但是,应该进行这种管理的组织的活动被认为完全是为了收集、分配和支付报酬,而没有考虑到需要解决保护权利、核算工作和权利持有人的有关问题。帮助他们正式确立自己的权利。本研究的目的是制定理论规定,界定从事实现和保护版权及相关权利的组织的活动的法律规制的特征,包括在集体的基础上。目的:确定从事实现和保护版权及相关权利的组织活动的法律规制的特征;查明与执行这些组织的法定活动有关的主要问题;确定可进一步发展对所审议问题的法律管制的领域。方法。笔者运用了辩证唯物主义法、系统法、分析综合法、形式法等方法。本文的研究成果是理论性和实践性的,旨在提高民事法律关系的法律规制质量。文章中所作的结论具有可辩论的性质,其目的是在所宣布的主题的框架内继续进行研究,目的是制定基本原则,以便以统一的方式解决与组织的法律管制、实施和保护版权和有关权利,包括集体基础有关的问题。本文是作者对当前环境下著作权及相关权实施与保护相关问题研究的延续。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Regulation of the Activities of Organizations Engaged in the Implementation and Protection of Copyright and Related Rights
Relevance. However the current civil law doctrine and legislation based on it does not usually take into account the need for a special approach to the cases of realization and protection of rights on a collective basis. Currently the legislation of the Russian Federation defines the basis for the implementation of the so-called collective management of proprietary copyright and related rights, but the activity of organizations, which should carry out such management, is assumed to be aimed exclusively at collecting, distributing and paying remuneration without taking into account the need to solve the related problems of rights protection, accounting works and rights holders, helping them to formalize their rights. The purpose of the research is to develop theoretical provisions defining the features of the legal regulation of the activities of organizations engaged in the realization and protection of copyright and related rights, including on a collective basis. Objectives: to identify the features of the legal regulation of the activities of organizations engaged in the realization and protection of copyright and related rights; to identify the main problems associated with the implementation of statutory activities of such organizations; to identify areas for further development of the legal regulation of the issues under consideration. Methodology. The author used dialectical-materialistic method, systematic method, methods of analysis and synthesis, formal-legal method. The results of the research are The results of the study are of theoretical and applied nature and are aimed at improving the quality of legal regulation of civil legal relations. The conclusions, made in the article, have the debatable character, directed to the continuation of research in the framework of the declared subject, directed to the development of basic principles, allowing a uniform way to solve the problems associated with legal regulation of organizations, implementing and protection of copyright and related rights, including the collective basis. The article is a continuation of the author's research on the issues related to the implementation and protection of copyright and related rights in the current environment.
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