On The Legal Protection Of Computer Programs And Databases

Original Language Title: О правовой охране программ для электронных вычислительных машин и баз данных

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Overtaken by Federal Law from 18.12.2006 N 231-FZ A Federal Law of 24.12.2002 N 177-FZ; of 02.11.2004 N 127-FZ; of 02.02.2006 N 19-FZ Chapter 1. GENERAL PROVISIONS Article 1. Key Concepts 1. The main concepts used in this Act are: Computer software is an objective form of the collection of data and commands for the operation of computer machines (computers) and other computer systems. devices to obtain a certain result. The computer program also includes the travaux préparations of its development and the audiovisual mediations it generates; database is an objective form of presentation and organization of the data collection (e.g.: articles, calculations) that are systematized in such a way that the data can be found and processed by computer; Operation of a computer programme or a database user-specific or user-specific software; modification (processing) of a computer or database software is any change that is not an adaptation; decompilation Computer software is a technical design, incorporating the conversion of object code into the source text for the purpose of studying the structure and coding of the computer program; reproduction of a computer program or a database is the manufacture of one or more More copies of the computer software or database in any material form, as well as their entry into computer memory; circulating a computer or database software is the provision of access to any material-form software or database, including network and other means, and by means of sales, renting, depositing, lending, including imports for any of these purposes; output (publication) of a computer program or database is the provision of software or database copies with consent The author to an indeterminate number of persons (including through computer memory and printing), provided that the number of such instances must satisfy the needs of the circle of persons, taking into account the nature of the works; The use of a computer program or a database is a production, reproduction, Dissemination and other actions for their implementation (including modified form). The use of computer software or a database transfer by the media of messages issued in the light of a computer programme or database is not recognized. 2. The right holder is understood to be the author, his heir, and any natural or legal person who has the exclusive right to a computer program or database by law or contract. In the wording of Federal Law of 24.12.2002 N 177-FZ) Article 2. Relationships governed by this Law 1. This Law regulates relations arising from the legal protection and use of software and databases. (...) (...) N 177-FZ 2. The computer programs and databases are included in the Copyright Act. Legal security is provided to computer programs as works of literature and databases as compilations in accordance with the Law of the Russian Federation of 9 July 1993 No. 5351-I on Copyright and Related Rights and the present Law. (In the wording of Federal Law of 24.12.2002) N 177-FZ) 3. The rules laid down in this Act apply to relations involving foreign nationals, stateless persons and foreign legal entities, in accordance with the international treaty of the Russian Federation or on the basis of the principle of reciprocity. (The paragraph is supplemented by the Federal Law of 24.12.2002). N 177-FZ) Article 3. Legal Security Object 1. Copyright applies to any computer and database software, whether produced or produced in an objective manner, irrespective of their material media, assignment and dignity. 2. Copyright applies to computer applications and databases resulting from the creative work of the author (co-authors). The creative nature of the author's (co-authors) is assumed until proven otherwise. In the wording of Federal Law of 24.12.2002 N 177-FZ 3. The legal protection granted by this Law extends to all types of computer applications (including operating systems and software packages) that can be expressed in any language and in any form, including source and object text. Code. 4. The legal protection provided by this Law extends to databases which are the result of creative work in the selection and organization of data. Databases are protected regardless of whether the data on which they are based or which they include are copyrighs. 5. The legal protection provided by this Law does not apply to the ideas and principles underlying the computer or database programme or any element thereof, including the ideas and principles of the organization of the interface and algorithm, as well as languages programming. 6. The copyright for computer programs and databases is not related to the ownership of their material media. Any transfer of rights to tangible media does not entail the transfer of any rights to the computer and database programmes. Article 4. The conditions for the recognition of copyright 1. The copyrights of a computer program or database are created by their creation. In order to recognize and exercise the copyright of a computer program or database, the deposit, registration or other formalities shall not be required. 2. The copyright holder may, from the first issue of a computer or database software, use a copyright label consisting of three elements: C in a circle or in parentheses; title (s) of the owner; of the first release of the computer program or database into the light. Article 5. Database Copyright 1. The copyright on a database consisting of non-copyright material belongs to the person who created the database. 2. The copyright of the database is recognized under the terms of copyright for each of the works included in the database. 3. The copyright for each of the works included in the database is preserved. These works can be used independently of this database. 4. The copyright of the database does not prevent others from making the independent selection and organization of the works and materials that make up the database. Article 6. The copyright period 1. The copyright has been in effect since the inception of the computer program or database throughout the author's lifetime and 50 years after his death, since 1 January of the year following the author's death. 2. The copyright expiration date for the computer program and the database created by co-authorship has been calculated since the death of the last author, who has survived other co-authors. 3. The copyrights for a computer program or database, issued anonymus or pseudonyx, have been in effect since they were released in the light of 50 years. If the author of the computer program or the database, released anonymically or by pseudonym, uncovers his or her identity within a specified period of time, or the pseudonym accepted by the author leaves no doubt about his identity, then the period of protection is used; as provided for in paragraph 1 of this article. 4. The author's personal rights to the computer programme or to the database are protected indefinitely. Article 7. The scope of this Law is the Copyright of a computer program or a database for the first time in light on the territory of the Russian Federation, or not produced in light, but in any objective form on its territory, OF THE PRESIDENT OF THE RUSSIAN FEDERATION It is recognized by the author, his heirs or other successors to the author, regardless of nationality. Copyright is also recognized by the citizens of the Russian Federation, a programme for computers or a database of which is in the light of or in any objective form on the territory of a foreign State or their successors. For other persons, the author's right to a computer program or database, first released in light or in any objective form on the territory of a foreign State, is recognized in accordance with international treaties of the Russian Federation. Chapter 2: ABRAIN RIGHTS (In the wording of Federal Law of 24.12.2002) N 177-FZ) Article 8. Authorship 1. The author of the computer or database software is the individual who has been created by the creative activity of the programme. If a computer program or a database is created by two or more natural persons, whether or not a computer program or a database is made up of parts, each of which has its own value, or is indivisible, each of which is recognized by the author of such a computer program or database. 2. In the event that parts of the computer or database software are independent, each author has the right to authorship for the part he has created. Article 9. Personal rights The author of a computer program or database, regardless of his or her property rights, belongs to the following personal rights: The authorship-that is the right to be considered as the author of a computer program or a database; the right to name is the right to determine the form of the author's name in a computer program or database: by his name, under a conditional name (pseudonym) or anonymous; the right to integrity (integrity) is the right to Protection of both the computer program or the database and its names from all kinds of distortions, or Other infringements capable of causing damage to the honour and dignity of the author; (In the wording of Federal Act No. N 177-FZ) the right to publish a computer program or a database-that is the right to make public the publication of a computer program or a database, including the right to be issued in light of (publication) feedback. (The paragraph is supplemented by the Federal Law of 24.12.2002). N 177-FZ) Article 10. Exceptional right (In the wording of Federal Law of 24.12.2002) N 177-FZ ) The author of a computer program or database or other right holder has the exclusive right to execute and (or) authorize the following actions: (Deleted-Federal Law dated 24.12.2002 N 177-FZ ) Replay a computer program or database (complete or partial) in any form, by any means; circulating a computer program or a database; modification of the computer program; or databases, including the translation of software for computers or databases from one language to another; other use of computer or database software. Article 11. Transfer of exclusive right (In the wording of Federal Law of 24.12.2002) N 177-FZ 1. An exclusive right to a computer program or a database may be transferred in whole or in part to other natural or legal persons under a contract. In the wording of Federal Law of 24.12.2002 N 177-FZ) The contract shall be written and set the following essential conditions: the amount and use of the computer program or the database, the payment order and the amount of the remuneration, the duration of the contract of the treaty. 2. An exclusive (property) right to a computer program or a database proceeds in the manner prescribed by law. In the wording of Federal Law of 24.12.2002 N 177-FZ) Article 12. Ownership of the exclusive right to program for computer or database 1. An exclusive right to a computer program or database created by an employee (author) in connection with the performance of work duties or on an employer's job is owned by the employer if the contract between him and the employee (the author) is not provided for something else. In the event that the exclusive right to a computer program or database is owned by the employer, the employee (the author) is entitled to remuneration, the manner of payment and the amount of which is established by the contract between the employee (the author) and by an employer. 2. An exclusive right to a computer program or a database created in the performance of a State or municipal contract belongs to the contractor (s) if a public or municipal contract for the execution of the works for State or municipal needs do not establish that this right belongs to the Russian Federation, to the constituent entity of the Russian Federation or to the municipal entity on behalf of which the State or municipal customer is acting. (...) (...) 19 FZ) 3. In the event that the exclusive right to a computer program or database is owned in accordance with paragraph 2 of this article not by the Russian Federation, not the constituent entity of the Russian Federation or not the municipal entity, the right holder on demand The State or municipal customer is required to enter into a grant agreement with the person or persons named for the use of the computer program or the database in the manufacture of the supplied goods or the performance of the contract. Work for public or municipal needs. (...) (...) 19 FZ) 4. The award to the author of a computer program or a database other than a right holder shall be payable by the person entitled to the exclusive right under paragraph 2 of this article. The procedure for payment and remuneration is established by the contract between the author and the owner. (Article supplemented-Federal Law of 24.12.2002 N 177-FZ) Article 13. The right to register 1. The right holder, directly or through a representative during the term of the copyright, may wish to register a computer program or a database of in the federal executive branch Intellectual property, with the exception of computer programs and databases containing state secrets. (In the wording of Federal Law dated 24.12.2002 N 177-FZ 2. The application for formal registration of a computer program or a database (hereinafter referred to as an application for registration) must refer to one computer programme or one database. Registration Request must contain: Application for official registration of computer program or database, specifying rights holder, and author, if he has not refused to be mentioned as such and their Location (residence); Deposed materials that identify computer software or a database, including a repairat; proof of payment of the state duty in the installed The amount or grounds for exemption from the payment of the registration fee. (In the wording of the Federal Law of 02.11.2004) N 127-FZ) The registration application's registration rules determine the federal executive body on intellectual property. (In the wording of Federal Law dated 24.12.2002 N 177-FZ 3. Upon receipt of an application for registration, the federal executive body on intellectual property shall verify the existence of the necessary documents and their conformity with the requirements set out in paragraph 2 of the article. With the positive result of the inspection, the federal executive body on intellectual property makes a computer program or a database, respectively, in the Inventory of Computer Programs or the Database Registry The applicant is a certificate of official registration and publishes information on registered programmes for computers and databases in the official bulletin of the federal executive branch on intellectual property. In the wording of Federal Law of 24.12.2002 N 177-FZ) On request of the federal executive authority on intellectual property or on its own initiative, the applicant has the right, before publication of the official bulletin, to supplement, clarify and correct the material of the application. In the wording of Federal Law of 24.12.2002 N 177-FZ) 4. The procedure for the official registration of computer applications and databases, the forms of official registration certificates, the list of information contained in them, and the list of information published in the Official Gazette shall be established by the Federal Authority. The executive branch of the Government is intellectual property. (...) (...) N 177-FZ)5. Contracts for the full or partial transfer of the exclusive right to computer programmes and databases may be registered by agreement of the parties in the federal executive authority on intellectual property. Information on the change of the rights holder on the basis of a registered contract shall be entered in the Inventory of Software for computers or the Register of Databases and published in the Official Journal of the Federal Executive on Intellectual Property. (...) (...) N 177-FZ 6. The information entered in the computer registry or the Database Registry is considered valid until proven otherwise. The applicant is responsible for the accuracy of the information. 7. For the commission of legally significant actions related to the registration of computer programs and databases, contracts, the state duty is paid in the amount and order established by the laws of the Russian Federation on taxes and duties. (In the wording of the Federal Law of 02.11.2004, N 127-FZ Chapter 3. { \field { \field { \field { \field { \field { \field } { \field } } Using a computer program or a database under a contract with a rights holder 1. The use of a computer program or database by third parties (users) is made on the basis of a contract with the right holder, except as provided in article 16 of this Law. 2. The contract for the use of a computer programme or a database shall be in writing. 3. In the case of the sale and provision of computer and database software to mass users, special arrangements are permitted, for example, by setting out the terms of the contract in the copies of the computer and database software transmitted data. In the wording of Federal Law of 24.12.2002 N 177-FZ) Article 15. Free reproduction and adaptation of computer or database software 1. A person who rightfully owns the computer or database software instance, is entitled without additional permission from the right holder to carry out any activity related to the operation of the computer program or database in accordance with its The assignment of, including writing and storage, to the computer memory, as well as the correction of apparent errors. The recording and storage of computer memory is permitted for one computer or user in a network, unless otherwise provided by a contract with the right holder. 2. In the exception to the provisions of article 10, paragraph 3, of this Law, a person who is legally proficiently in the possession of a computer or database software shall be entitled without the consent of the right holder and without paying him an additional fee: Adaptation of the computer or database software; make or charge a copy of a computer or database software provided that this copy is for archive purposes only and if necessary (in the case of original copies) computer or database software lost, destroyed or rendered unusable use) to replace a rightfully purchased instance. However, a copy of the computer or database software cannot be used for other purposes and should be destroyed if the continued use of the computer or database software ceases to be lawful. 3. A person who legitimately owns the computer software application, is entitled without the consent of the owner and without the payment of an additional fee to compile or instruct the computer program to study the coding and structure of the computer { \b } { \b } { \b } { \b } { \b } { \b } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } of this decompilation, can only be used for the organization interaction of independently developed software for computers with other programmes, rather than for the development of a new computer program, is substantially similar to a decompiled programme for computers or for the implementation of any other An act that violates copyright; decompilation is limited to only those parts of the computer program that are necessary for organizing such interaction. Article 16. Free resale of the instance computer or database software Resale or otherwise transfer of ownership or other proprietary rights to a computer instance or database after first sale or other The transfer of title to this instance is permitted without the consent of the right holder and no additional remuneration. Chapter 4: PROTECTION OF THE RIGHTS Article 17. A violation of copyright. Counterfeit instances of computer program or database (In the wording of Federal Law of 24.12.2002) N 177-FZ 1. A natural or legal person who fails to comply with the requirements of this Act with regard to the exclusive rights of rights holders, including the importation into the Russian Federation of computer or database software manufactured without permission rights holders are a copyright holder of the copyright. In the wording of Federal Law of 24.12.2002 N 177-FZ 2. Counterfeit recognizes the copies of the computer program or the database, the manufacture or use of which entails a violation of copyright. (In the wording of Federal Law dated 24.12.2002 N 177-FZ 3. Counterfeit are also instances of the Russian Federation protected under this Act or database imported into the Russian Federation from the State in which the computer program or database is never used. protected or ceased to be protected by law. Article 18. Protection of rights to computer software and database 1. The author of the computer program or database and other rights holders are entitled to claim: recognition of rights; restoration of the situation prior to the violation of the right, and cessation of actions violating the right or creating a threat to it violations; compensation by the person who violated the exclusive right to damages in accordance with the Civil Law; (In the wording of Federal Law dated 24.12.2002 N 177-FZ) (Deleted-Federal Law of 24.12.2002) N 177-FZ) (Deleted-Federal Law of 24.12.2002) N 177-FZ) the adoption of measures other than those provided for by legislation relating to the protection of their rights. 2. Rights holders can appeal to a court, arbitration or arbitral tribunal for the protection of their rights. 3. (Deleted-Federal Law of 24.12.2002) N 177-FZ) Article 19. Arrest of counterfeit copies computer or database software On computers or databases, manufactured, distributed, sold, imported, or otherwise used, or To be used in violation of the rights of the authors of the computer program or the database and other rights holders, an arrest may be imposed in accordance with the procedure established by law. Article 20. Other forms of liability Production, under its own name, of a computer program or database, or the illegal reproduction or distribution of such works entails criminal liability in accordance with the law. President of the Russian Federation Yeltsin Moscow, House of the Russian Federation 23 September 1992 N 3523-I