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Literary Work as a Copyright Object

Student: Darya Chumakova

Supervisor: Natalia Udalova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2020

The final qualifying work is devoted to a comprehensive analysis of a literary work as an object of copyright under Russian law. In the framework of the study, the concept of a literary work is formulated and its distinction is made from the category of "work of literature". The conditions for the protection of a literary work are identified. An analysis of the complex of copyright in a literary work is carried out, their specificity is revealed. Actual problems that arise in theory and in practice in connection with the use of literary works are considered. A line is drawn between legitimate quotation and plagiarism. The correlation of the right to create a parody with the author’s right to the inviolability of the work is revealed. The author analyzes the specifics of copyright protection in relation to certain parts of a literary work. The author concludes that the existing legal regulation of copyrights in literary works is not enough and should be adjusted by the legislator taking into account existing problems.

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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