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The criteria of copyrightability used in Russian judicial practice

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  • Andrey V. Kashanin

    ()
    (National Research University Higher School of Economics)

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    Abstract

    This article addresses the problem of identifying criteria for copyrightability and non-copyrightability in the Russian legal system, especially in judicial practice. An analysis of court rulings issued over the past few years warrant the conclusion that there is a trend towards setting looser standards of originality and creativity. The article also describes a trend in Russian judicial practice to grant copyright protection to works of low authorship and goes into problems and contradictions that this entails. It compares principles that evolved in Russian law with similar principles used abroad, mainly in Germany.

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    File URL: http://www.hse.ru/data/2014/01/23/1325658789/30LAW2014.pdf
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    Bibliographic Info

    Paper provided by National Research University Higher School of Economics in its series HSE Working papers with number WP BRP 30/LAW/2014.

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    Length: 20 pages
    Date of creation: 2014
    Date of revision:
    Publication status: Published in WP BRP Series: Law / LAW, January 2014, pages 1-20
    Handle: RePEc:hig:wpaper:30/law/2014

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    Related research

    Keywords: copyright; intellectual property; intellectual rights; personal non-property rights; exclusive rights; copyrightable work; copyrightability; works of low authorship; originality; creativity;

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