Legal regime of database as object of copyright and related rights
- Authors: Sviridova E.A.1
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Affiliations:
- Financial University under the Government of the Russian Federation
- Issue: Vol 17, No 1 (2021)
- Pages: 140-145
- Section: Articles
- URL: https://journals.eco-vector.com/2541-8025/article/view/532243
- ID: 532243
Cite item
Abstract
The article analyzes the dual legal nature of the database as an object of copyright and as an object of related rights, considers the legal regimes of the database under Russian and French law, explores alternative options for the legal protection of the database as a complex object and as a composite product. It is proposed to use the experience of the French legislator and consider the originality of the database as a necessary condition for providing copyright protection. The main difference of the database as an object of copyright is its originality, by which, in relation to the database, it should be understood that the structure and systematization of materials resulting from the creative activity of its author are independent, non-obvious and unique. Due to the instability of the database form, it is necessary to evaluate it for compliance with the originality criterion immediately after its creation.
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About the authors
Ekaterina A. Sviridova
Financial University under the Government of the Russian Federation
Email: esviridova@fa.ru
Cand. Sci. (Law), Associate Professor of the Department of legal regulation of economic activity Moscow, Russian Federation
References
- Reichman J.H., Samuelson P. Intellectual Property Rights in Data. Vanderbilt Law Review. 1997. 50(1):51-166.
- Войниканис Е.А., Калятин В.О. База данных как объект правового регулирования: учебное пособие для вузов. М.: Статут, 2011. 174 с. С. 104.