Peculiarities of Identification and Determination of Copyright Objects in the Russian Federation

Abstract

Statutory criteria for the protection of copyright objects (the objective form of expression and the presence of the creative work of the author-citizen) are often insufficient when determining the objects of copyright and their differentiation with other objects of civil rights. The courts and law enforcement officers as a whole, are entrusted with a rather difficult creative task here. In this context, an important theoretical and, at the same time, practical tool, namely, linguistic (grammatical) interpretation, is of particular importance. The use of grammatical interpretation in relation to the collective terms «works of science, literature and art» used in the Civil Code of the Russian Federation, in particular in Articles 1225, 1259, seems appropriate due to the lack of sufficient and clear criteria for the protection of copyright objects and the spatial nature of the existing ones.