AN OPEN LICENSE CONTRACT IN INTELLECTUAL PROPERTY: RUSSIAN EXPERIENCE
Abstract
The recent introduction of a legal mechanism for open licenses to Part IV of the Civil Code of the Russian Federation is currently the most discussed issue in the field of intellectual property. In this paper, the authors analyze the history, concept and legal nature of free licenses, which means the practice of allowing the public to use the finished product of a certain author/owner on the basis of a simple agreement (often concluded in electronic form), also known as Creative Commons. As a rule, this concept applies to works distributed on and via the Internet. The new regulations on free licenses in Russia had been highly anticipated by the legal and digital community in view of a previous lack of proper legal regulation in this sphere. The authors analyze the rules imposed by the new articles of Part IV of the Civil Code (Article 1286.1) dedicated to free licenses, and draw the attention to various aspects and challenges of enforcement of this legal instrument.
About the Authors
E. S. Grin’
Kutafin Moscow State Law University (MSAL)
Russian Federation
Russian Federation
O. S. Grin’
Kutafin Moscow State Law University (MSAL)
Russian Federation
Russian Federation
References
1. Examples of licenses provided by Crytek Corp. Retrieved from http://www.crytek.com.
2. Grin’, E. (2014). Copyright in the multimedia product. Moscow: Prospect. P. 128. (In Russ.).
3. Khokhlova, E. (2011). The use of Creative Commons licenses in the Russian Federation. Analytical Report. Moscow: Institute of the Information Society. P. 94. (In Russ.).
4. Savelyev, A. I. (2012). Free software licenses in the context of the reform of the civil legislation. Herald civil law. No. 4. Pp. 75-101. (In Russ.).
5. Savelyev, A. I. (2012). Software Licensing in Russia. Legislation and practice. Moscow: Media. P. 432. (In Russ.).
6. Sobol’, I. A. (2014). On the concept of the free (open) licenses in copyright. Russian Law and Economics. No. 4. Pp. 39-44. (In Russ.).
7. Voynikanis, E. A. (2013). Intellectual property law in the digital age: the paradigm of balance and flexibility. Moscow: Jurisprudence. 552 p. (In Russ.).
8. The Meeting of the RF President D. A. Medvedev with the representatives of the Internet community on 29 April 2011. Available at: http://www.kremlin.ru/ news/11115.
9. The Meeting of the RF President D. A. Medvedev with the representatives of the Internet community on 29 April 2011.
10. The Order of the President of the Russian Federation to the Ministry of Communications and Mass Media (Ex-1547). Available at: http://www.kremlin.ru/ assignments/11427.
For citation:
Grin’ E.S., Grin’ O.S. AN OPEN LICENSE CONTRACT IN INTELLECTUAL PROPERTY: RUSSIAN EXPERIENCE. Kutafin Law Review. 2017;4(1):269-279. https://doi.org/10.17803/2313-5395.2017.1.7.269-279
Views: 147
Email this article 