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Tools of Providing the Balance between Exclusive Copyright and a Right to Access to Information

Student: Gorbunova Mariya

Supervisor: Mikhail Zhuravlev

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 9

Year of Graduation: 2018

The purpose of the thesis is to analyze the theoretical and legislative provisions of the balance of exclusive copyrights and access to information, mechanisms for its maintaining and law enforcement practices, and then determine the most optimal options for maintaining the balance. To achieve this goal, the following tasks are concerned: 1) Analyzing the features of the institution of the author's exclusive rights, its correlation with the right to access to information and other legal institutions. 2) Exploring legal norms regulating the doctrine of free use of the work and its restrictions. 3) Investigating the legal regime of the public domain as an area that extends beyond the exclusive rights of the author and the legal regime of orphan works. 4) Considering the legal nature of free licenses in the Russian Federation, their functions, the role of free licenses in providing the right of citizens to access to information and cultural values. The research is comprised of the introduction, two chapters, conclusion and bibliography. The introduction gives an overall view of the copyright, access to information and their balance. The first paragraph covers legal framework of the access to information, its provisions and theoretical background. The second paragraph is devoted to the content of copyrights, their types and legal bases. The third paragraph concerns correlation of the copyright and the access to information, rights' collisions. The second chapter gives a view on concrete instruments of the balance between copyrights and access to information. In the first paragraph legal basement and restrictions of the fair use doctrine are explored. The second paragraph presents analyses on the public domain regime, its regulations and difficulties in defining its limits. The third paragraph indicates provisions and theory basis of free licenses. Ultimately, the conclusion summarizes results of the research.

Full text (added May 11, 2018)

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