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Copyright on literary works in the legislation and legal science in Russia in XIXth century

Student: Dinara Fattakhova

Supervisor: Dmitriy Vladimirovich Mazaev

Faculty: Faculty of Law

Educational Programme: Legal History, Theory and Philosophy of Law (Master)

Final Grade: 8

Year of Graduation: 2017

One of the basic conditions for the continuous development of literature and art is the recognition of the authors of exclusive rights to the results of their intellectual activity. The copyright reform analysis is now little understood. This is due to the fact that the fundamental works of the Soviet Union period were not caught in the pre-revolutionary era history of copyright. The first legislative act in the history of domestic copyright is the Regulation of the Rights of Writers, Translators and Publishers of 1828, which became an annex to the Censorship Statute. The formation and reform of the legal regulation mechanism and protection of copyright, which began at the end of the first quarter of the nineteenth century, contributed to the consolidation of the norms on literary property in the current legislation in a relatively short time period. Until the time of publication of the Censorship Rules in 1886, the Regulations of the Rights of Writers were part of censorship orders. It became part of the civil legislation only in 1887 and was included in the first part of Volume X of the Russian Empire`s Code of Laws as an annex to Art. 420, regulating the ownership of things. The Institute of Copyright caused reasonable scientific interest in representatives of pre-revolutionary jurisprudence. Among them are G.F. Shershenevich, V.D. Spasovich, I.G. Tabashnikov, A.V. Pankevich. This constellation of scientists has made an invaluable contribution to the development of legal science in the study of copyright. The absence of the common opinion among the above-named researchers on the legal nature and content of the institution of copyright demonstrates the problems of research and makes the issue of the theoretical and legal justification of this institution particularly relevant.

Full text (added May 11, 2017)

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