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Copyright in a Work of Art in Russia and in France

Student: Batalova Yuliya

Supervisor: Inna Peshina

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

This graduate paper is aimed at analyze of the history of copyright in France and in Russia, and to considerate of the key moments of modern legislation. The main objectives of the paper are: a) historical analysis of legislation regarding copyright issues in Russia and in France; b) analysis of the current French copyright in works of art, including a consideration of the concept of work of art and the subject composition relationship; c) consideration of the modern Russian copyright; The paper consists of an introduction, four chapters, six paragraphs, a conclusion, list of references and a bibliography. Chapter I considers the history of copyright law in France and in Russia. Chapter II is dedicated to the modern French copyright in a Work of Art, in this work was given the concept of work of art in copyright and doctrine, as well as analyzed the subjective rights of authors. Chapter III focuses on the analysis of the copyright in a Work of Art in Russia. Based on this research the following conclusions were made: firstly, the analysis of the development of copyright law in Russia by the end of the XIX century give to see that certain provisions governing the legal copyrights, were not effective enough, as in France, it was connected with the nature of censorship copyright of our country; secondly, in the modern Russian law regulating the issue of co-authorship is regulated in more detail in comparison with the Soviet period; thirdly, in the Russian legislator - not applying the criterion of originality to the objects of copyright law, but to apply it, in particular, to the subject of patent rights, the French legislator considers the originality of works of art one of the main conditions for recognition of his object of copyright protection; fourthly, the common is the fact that as in modern Russian, French copyright law to distinguish between the property interests of the author and non-property claims.

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