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Copyright Law on Literary Works on the Internet

Student: Botvinkina Anna

Supervisor:

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2017

Copyright on literary works on the Internet. The purpose of the research is to study the legal status of literary works on the Internet, analyse the problems of regulating copyrights for this type of works, and look for solutions to balance the interests of authors and Internet users. To achieve these goals, the following tasks were set: analyse the main problems arising from the use of literary works on the Internet; Examine the authors' exclusive rights to literary works on the Internet; To conduct research on various approaches to restricting exclusive rights in Russian and international law; Find a legal mechanism capable of ensuring the interests of readers without violating the rights of copyright holders of literary works on the Internet; Examine the problem of orphan works on the Internet and libraries, which slow down the legal use of intellectual property in digital sphere. On the basis of the conducted research the following conclusions were made: To ensure the balance of interests of authors and readers on the Internet it is necessary: to expand the list of cases of free use of works, taking into account the development of new technologies. In particular, to include the possibility of using electronic works for educational purposes in article 1274; Supplement the article 1275 with the provisions for the regulation of electronic libraries; Authors and other right holders should use creative commons license as a standard for all literary works placed on the Internet; To resolve the problem with orphan works, it seems necessary to introduce a separate rule in part four of the Civil Code, which provides regulation of orphan works and the creation of separate registers for them.

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

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