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Pecularities of Protection and Legal Regime of Official Works in the Field of Lighting Design. L&E 26 (4) 2018

Light & Engineering 26 (4)

Volume 26
Date of publication 12/20/2018
Pages 99–104

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Pecularities of Protection and Legal Regime of Official Works in the Field of Lighting Design. L&E 26 (4) 2018
Articles authors:
Rimma Sh. Rahmatulina, Ekaterina A. Sviridova, Angela S. Voskovskaya

Rimma Sh. Rahmatulina, Ph.D. in Low Science, Associate Professor, Department of Legal Regulation of Economic Activity, Federal State Educational Institution of Higher Education “Financial University under the Government of the Russian Federation” Ekaterina A. Sviridova, Ph.D. in Low Science, Associate Professor, Department of Legal Regulation of Economic Activity, Federal State Educational Institution of Higher Education “Financial University under the Government of the Russian Federation” Angela S. Voskovskaya, Ph.D. in Pedagogic Science, Associate Professor, Department of Language preparation, Federal State Educational Institution of Higher Education “Financial University under the Government of the Russian Federation”

Ekaterina A. Sviridova, Ph.D. in Low Science, Associate Professor, Department of Legal Regulation of Economic Activity, Federal State Educational Institution of Higher Education “Financial University under the Government of the Russian Federation”

Angela S. Voskovskaya, Ph.D. in Pedagogic Science, Associate Professor, Department of Language preparation, Federal State Educational Institution of Higher Education “Financial University under the Government of the Russian Federation”

Abstract:
The legal regime of official works has a complex dichotomous construction. The issues connected with the creation of an official work are subject to the labour law, while the issues of official work usage are governed by copyright. The protection issues of lighting design works have their own characteristics due to technical, artistic creativity and use of special technologies. These objects are subject to copying, and because of this fact a lot of legal issues in the field of not only copyright, but contract law arise.
The authors of the article aim to determine the signs of creativity for the recognition of a lighting design work as an object of copyright; to develop the criteria for assessing the identity of a design work, created under a contract, and the result of creative activity, the rights to which are transferred to the customer; to identify subjects of copyright for lighting design works. The article uses special legal methods (comparative legal method, formal­legal method and system analysis of legal phenomena method).
On the assumption of Article 1295 provisions of the Civil Code of the Russian Federation, it can be concluded that it is possible to conclude an agreement on granting the employer the exclusive right to official lighting works, which were not yet created at the time of concluding such an agreement. The absence of a direct prohibition on the transfer or alienation of the exclusive right in respect of a future work may lead to the probability of recognizing such a contract as not concluded due to the inconsistency of its subject matter. In foreign jurisdictions, there is a ban on inclusion in the agreement of the condition on the result of intellectual activity not yet created (future works). At the same time, in advance to accurately identify the official work, which is to be created by the employee during his labour activity, should not deprive of legal force the contract on the use of official works by the employer. The article proves that the lack of definiteness of the subject, provided that such a subject can be classified as definable, does not entail recognition of this contract as not concluded, and its subject matter is not harmonized.
References:
1. Aizenberg Yu.B. Energy saving and technical policy in the field of illumination // Svetotekhnika, 2005, № 6 (in Russian).
2. Soloviev Yu.B. Technical aesthetics // Great Soviet Encyclopedia: [in 30 volumes] / Ch. Ed. by A.M. Prokhorov, 1969–1978. T. 25 (in Russian).
3. European Intellectual Property Law: Basic Acts of the European Union / Ed. by E.A. Pavlova. M.: Statute, 2016, p.318 (in Russian).
4. Jeremy Phillips. The great design conundrum // Journal of Intellectual Property Law & Practice, 1 August 2011. Volume 6, Issue 8, p. 507 (in Russian).
5. Danilina E.A., Vlasova V.B. The ratio of aesthetics and utilitarianism in the industrial sample // Patents and licenses, 2017. № 3, p.23 (in Russian).
6. Serebrovsky V.I. Issues of Soviet copyright. M., 1956, p.32 (in Russian).
7. Tsvetkov D. What does copyright protect? // EZH­Jurist, 2015, № 3 (in Russian).
8. Lander I.G., Kubah A. Kh. Video mapping as a new form of creativity, its kinds and possibilities // In the world of science and art: issues of philology, art criticism and culturology: Collection of articles of XI International scientific­practical conference. Part II, Novosibirsk: SibAK, 2012, p.41 (in Russian).
9. Decree of the Court on Intellectual Rights in the case No. A78–6109 / 2012 of 01.08.2014 // Document was not published. Legal Reference System ConsultantPlus (in Russian).
10. Shvedchikov A. Individualization of intellectual property in contracts on the disposal of the exclusive right // Copyright and related rights, February 2014. № 2, pp. 20–21 (in Russian).
11. The definition of the Supreme Court of the Russian Federation of 09.08.2016 No. 302­ES16–9169 in the case No. A19–10133 / 2015 // Document was not published. Legal Reference System ConsultantPlus (in Russian).
12. Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation of 12.11.2013 No. 18002/12 on the case No. A47–7950 / 2011 // Document was not published. Legal Reference System ConsultantPlus (in Russian).
13. Bundesgesetz uber das Urheberrecht an Werken der Literatur und der Kunst und uber verwandte Schutzrechte (Urheberrechtsgesetz 1936) (zuletzt geandert durch das Bundesgesetz BGBl. I Nr. 58/2010) // BGBl. Nr. 111/1936 (StR: 39/Gu. BT: 64/Ge S. 19).
14. Gesetz uber das Urheberrecht und verwandte Schutzrechte (Urheberrechtsgesetz) (geandert am 17. Dezember 2008) // “Urheberrechtsgesetz vom 9. September 1965 (BGBl. I S. 1273). Das zuletzt durch Artikel 83 des Gesetzes vom 17. Dezember 2008 (BGBl. I S. 2586) geandert worden ist”.
15. Code de la Propriete Intellectuelle (version consolidee au 1 octobre 2010) // Derniere modification du texte le 01 octobre 2010 – Document genere le 12 mars 2010 – Copyright (C) 2007–2008 Legifrance.
16. Louis Clair. Architectures de lumieres // Fragments, Paris, 2003, p.26.
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