History of the Formation of the Institute of Copyright

Introduction. The history of copyright is closely linked to changes in society and the development of social relations in it. A paradigm shift in society leads to a change in attitudes to creative work and its results. The identification of common historical patterns allows us not only to better under¬stand the problems arising in copyright, but also to determine the trends of further development. Materials and Methods. The article analyzes foreign and Russian legislation on copyright in its historical context, starting from the Censorship Statute of 1828, the Copyright Law of 1911 and ending with the Civil Code of the Russian Federation. We also consider the works of well-known Russian legal researchers and foreign thinkers devoted to copyright and creative activity of the author. Results. Despite the fact that it is generally assumed that copyright belongs to civil law institutions, in certain historical periods, the relationship between the author and users, as well as society as a whole, has public legal aspects. The most frequent change in public-law and private-law approaches is observed in Russian copyright, which is due to political and economic changes that have taken place in the state. Discussion and Conclusion. Currently, society is facing another paradigm shift. The emergence of new technologies has given impetus not only to the use of copyright objects, including in infor¬mation and telecommunications networks, but also for the transformation of interaction between the author, the user and the state in connection with the extraction of a positive effect from the use of creative results. It seems that the active introduction of new technologies, for example, artificial intelligence, should not lead to the dominant influence of the state on copyright relations and overregulation of copyright.