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Intellectual Property Law 10 of practical.
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Uploaded: 05.07.2013
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Product description
Task №1
Management of the October Railway has commissioned a group of workers to prepare for publication "Schedule of local trains from the railway station in St. Petersburg."
Compiled timetables from the Baltic station Fedorov turned to a lawyer for advice, can be considered prepared for publication "Schedule" subject to copyright.
At the same time it was interested, whether the copyright for it prepared a small booklet, which sets out the basic rights and obligations of passengers using commuter transport. She doubted it, since the pamphlet was written on the basis of existing legislation and copyright law states that the official documents, which include laws that are not subject to copyright.
What explanation should be given to these issues? What are the requirements to the object of the law of copyright?
Task №2
Amateur painter bought in the store a picture of the author Dremova and made a few copies, which has prepared for sale. When the author came to the buyer to reproduce his picture and saw a copy made by the buyer to the distortion of the background color, it is suggested that these copies be destroyed.
The buyer did not agree with this claim and stated that he had bought the painting in the shop, became its owner and how the owner can dispose of it as you like. So he refuses the author in the reproduction of his paintings.
The author appealed to the court for protection of their rights.
What decision should stand trial? What are the differences between the subject and the object of the ownership of copyright?
Task №3
Two authors have created designs that were used in the issue of headscarves. The authors asked the administration of the company to enter into an agreement with them to use their drawings, referring to the fact that all the work, including by the procedure sluzheb¬nogo job, the copyright belongs to the authors.
The management has rejected the author's claim, pointing out that the employment contract directly recorded that the right to ispolzova¬nie all creative work results rabotodate¬lyu authors belong, in addition, the administration believes that in this case the authors create designs, and do not works protected by copyright.
Who is right in this dispute? What are the rights of the author of such work? What works deemed to be fulfilled in order sluzhebno¬go job?
Task №4
Composer with the poet created a few weddings and drinking songs, which were performed in the concert hall. Publisher contact the author of the proposal on the publication of these songs.
Who should be contracted if the publisher intends to publish at the same time notes with text, as well as notes and lyrics separately? How should I do if during the preparation of the contract is one of the authors will die?
What kind of co-authorship know the law? What are the rights of the authors shall be inherited and for how long?
Setting №5
Murmansk publishing house entered into a contract with the author Burgomistrovym the publication of the monograph "The History of the Arctic." Manuscript received positive conclusion reviewers. But at the same time, comments were made, with which the author is fully agreed and expressed a desire to add to the manuscript corresponding corrections and additions. Publisher provide the authors for revision of the manuscript for four months. The author died unexpectedly. Publisher addressed to the heirs of the deceased with a proposal to entrust a historian Blagonravov finalize the manuscript. The heirs have given their consent.
Who are the author was released in light of the modified monograph?
Task №6
On request TV Pridvorov and Gladkov have translated a number of non-protected works of foreign authors in Russian. Between translators and TV disagreement over remuneration and further use of translations.
Additional information
Television believes that because the transfers are made of unprotected works, to the extent transfers are also not protected. In addition, all doubtful that the translation can be creative in nature. So TV is ready to settle with the translators both technical work, ie both the "subscript" translation. As for the future use of translations, they are subject to the free use of, and in the extreme case, their use can be obtained from the waste license. Translators consult your waste.
What should be given advice on any questions? What has been the creative work of an interpreter? Do the armed translate the fact that it can be made with protected and unprotected works? Under what conditions RAO will issue licenses for the use of works of authors?
Task №7
On the radio, under the heading "Science News" was broadcast a published article in the journal Radchenko "Results bottom of Lake Ladoga." Author demanded to pay him a fee to continue without the consent of the story is not to broadcast. Radio Committee said that copyright law, all published articles can be transmitted in the air without the author's consent and without remuneration.
Who is right in this dispute? In some cases, allowed to use the works without the author's consent and payment of compensation to him?
Setting №8
The authors of the textbook "Classical Mechanics" entered into a contract with the publishing house, is not indicated in the contract the work was light and the life of the contract. After one year from the date of transfer of the publisher of the manuscript the authors asked, and when their benefits will be released to the public. Not having received a definite answer, they passed this benefit to other publishers, specifying the period of publication. The agreement with the first publisher, they promised to cancel. When publishing authors reported the contract avoided publishing them replied that since the term of the contract is not provided, it means that the rights to the benefits given to all publishers, and creators of greater benefit ni¬kakimi not enjoy copyright.
Who in this dispute of rights, and how it should be resolved, if the author applied to the court? What are the essential conditions of an author's contract? What is the difference between an author's contract on transfer of exclusive and non-exclusive rights?
Task №9
At the request of the Maly Theater of St. Petersburg authors wrote the libretto for which he received a reward at the minimum rate is 4% of the gross yield amounts received from the sale of tickets for the public performance.
Opera has repeatedly posed in St. Petersburg and other cities.
In this regard, the authors are interested in:
1) is entitled to any other theaters, as well as radio and television without concluding an agreement with them to use their product, which is referred to one theater;
2) how and to what extent they can receive compensation for the use of their works by other organizations?
Answer these questions.
Task №10
The team of authors signed a contract with the publisher on the publication of a textbook on physics. Publisher has undertaken considerable work on the preparation for publication of the textbook authors and paid 60% of the remuneration. However, due to lack of funds the publication of textbooks in the light was transferred to another private publishers. The authors found that the manuscript of the second publisher was lost.
When the manuscript is still found, it turned out that the chapter written by the deceased author, has been replaced by the head, prepared by another person without the consent of the heirs of the deceased and a group of authors of the textbook.
Authors interested in:
Answer these questions.
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