Legal Protection of Copyright Items Inheritance in the Internet by Means of a Creative Commons License

Yelena Anatolyevna Kirillova,Marina Vladimirovna Vasiljeva,Yulia Aleksandrovna Krokhina

doi:10.5539/res.v6n4p232

Yelena Anatolyevna Kirillova, Marina Vladimirovna Vasiljeva + Show 1 more

Open Access

https://doi.org/10.5539/res.v6n4p232

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Abstract

In this paper, we consider legal protection of copyright items in the Internet. The subject of the research is copyright protection of potential heirs on the Internet with the help of modern computer technologies. The purpose of the research is development of a system for copyright protection on the Internet in the case of inheritance. Use of copyright protected intellectual property in computer networks positively differs from any known types of copyright item use, including over-the-air transmission or a message for universal information across the wire. This is due to information physical properties change within digital media, new law features and properties of intellectual product as an object of legal relationship appear, emerges brand new system of public relations, connected with high technology application suggesting copyright dualism. In spite of this fact, many researches propose to inherit works of authorship posted in the Internet in a traditional way by means of will or law. This can be explained by a relatively narrow approach to the understanding of copyright. This understanding is based on the current beliefs about it solely as about an institution of civil law. We believe it necessary to abandon the industry isolationism and, instead, use an integrated approach in the scientific search on the problems of copyright protection on the Internet, and to see the concept of copyright as a complex one at the intersection of different branches of law. The development of modern, including computer technologies exacerbates the problem of protecting the rights of creators of literary, artistic, and scientific works. We propose new approach applicable only to digitized works published in the Internet. For this reason it is necessary to legalize heirship in international free and constrained licenses of Creative Commons and alike, in case of the testator’s death, through specifying a potential heir in the will at that (electronic testament). We also propose legislating the electronic form of work as an objective form of expression in international conventions, contracts, and agreements in the area of copyright protection, what will make it possible to give equal rights to printed and electronic copies.

Highlights

Intellectual property is one of the key concepts of the international community of beginning of the XXI century
If there is no testament, many questions appear: how the rights of heirs of works allocated in the Internet will be protected; what property and non-property rights the heirs will gain; will the heirs able to use profit from intellectual property if it was allocated in digital media for the purpose of commercial profit? Another one important matter is the period of digitized work protection after the author’s death
Having studied the matters of digitized works inheritance legal protection trends, we have drown the following conclusions: Theoretical: 1) The copyright in digital media is at the intersection of civil, computer, information, constitutional, and labour law, sociology, political science, and economics; has own set of public relations that differs from the set of relations formed in traditional copyright, which deals with things as with physical carriers of works and defines works as production

Summary

Introduction

Intellectual property is one of the key concepts of the international community of beginning of the XXI century. In order to create favourable conditions for accumulating the intellectual potential of society, the law guarantees freedom of literary, artistic, scientific, technical, and other forms of creativity to every person. This freedom gets specific legal guarantees in the form of copyright. The Internet has some unique properties—among them, there are transboundary, interactivity and unity All these demand complex international approach to elaboration of legal model of author’s rights inheritance protection in the Internet (Deyneko, 2013). The matter of inheritance of copyright items allocated in the Internet becomes increasingly actual, as with time heirs of sites, computer programs and digitized works appear (103rd Congress, 2nd session, 1994). Our intellect has gradually become one of the most important factors of social production, and the works of man’s reason or “intellectual capital”—one of the main objects of economic turnover (Knowledge Management, 2001)

Legal status of Digitized Works

The Rights of Heirs of Digitized Works

Conclusions