Authors and Co-Authors as Subjects of Copyright

This paper describes key features of functioning of the institution of authorship (co-authorship) under the Russian law; major elements of the relevant legal relations are studied, in particular, the object of copyright (the criteria for its determination) and the subject, as well as some characteristics of their content (rights and obligations of the co-authors). In the introductory part the basic elements of the study are indicated (relevance, topic, problem, purpose, objectives, methods, etc.). In the historical part (Chapter 1) the general characteristic of legal regulation of the institution of authorship is suggested including the historical context; the latest changes to part 4 of the Civil Code of the Russian Federation (in the sphere of copyright) are examined. In the theoretical part (Chapter 2) the criteria that must be met for the object to be protected by copyright is analyzed: it is necessary that (1) it is an original result (2) of the creative activity; (3) expressed in the objective form, and (4) could be used independently. Such types of co-authorship as separate and indivisible are studied, the delimitation of co-authorship from the joint use of works (cooperation) is made. In the practical part (Chapter 3) the legislative model of regulation of relations between co-authors is examined; the possibility of changes to general rules by the will of the parties is described. What is more, the analysis of the relevant judicial practice is suggested with a view to establish the applicability of theoretical findings to the law enforcement practice. The conclusion includes the summary of the results; all necessary conclusions are made.