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Computer Software and Databases

 

Copyright in Computer Software and Databases 

Computer software shall be protected as literary works. Such protection shall cover computer software irrespective of the method or form of its expression.

Databases are protected as Composite Works. The legal protection of databases stipulated in this part shall not apply to the data or information itself, nor shall it affect any copyright associated with the data or information contained in a database.

 

Copyright Holders

Copyright holders are the authors (programmers) of computer software, their heirs, and persons to whom the authors or their heirs have assigned their proprietary rights.

 

Objects of Copyright 

Сomputer software - a set of instructions in the form of words, figures, codes, diagrams, symbols or any other form, expressed in a computer-readable form, that enable it to achieve a particular aim or result (this concept covers both an operating system and an application expressed in output or object codes).

Database (data compilation) - a combinations of works, data or any other independent information in unrestricted form, including in electronic form, in which the selection and placement of components and its organization are the result of creative work, and the components of which are accessible individually and can be found via a special retrieval system based on electronic (computer) or other means;

 

An Author’s Personal Non-Proprietary Rights 

The following personal non-proprietary rights shall be vested in the author (programmer, composer) :

the right to require recognition of his authorship by properly indicating the author’s name on a work and its copies and during any public use of the work, if practicable;

the right to prohibit the mention of his name during public use of a work, if the author wishes to remain anonymous;

the right to choose a pseudonym, indicating and requiring an indication of a pseudonym instead of the author’s real name on a work and its copies, and during any public use thereof;

the right to require preservation of the integrity of a work, and to counteract any distortion, deformation or other alteration of a work, or any other encroachment thereon that may prejudice the author’s honor and reputation.

The author’s personal non-proprietary rights shall not be assigned (alienated) to other persons.

 

Proprietary Rights of an Author

The proprietary rights of an author (or other copyright holder) shall include:

the exclusive right to use a computer software (database);

the exclusive right to allow or prohibit the use of a computer software (database) by other persons.

The proprietary rights of an programmer, composer (or other copyright holder) may be assigned (alienated) to another person, whereupon this person shall become a copyright holder.

An author’s (or other copyright holder’s) exclusive right to use a computer software (database) shall allow him to use the work in any form and in any manner.

 

Period of Validity of Copyright

Copyright on a computer software (database) shall arise as a result of the fact that it is created, and shall be effective from the day on which the work is created.

Copyright shall remain in effect throughout the author’s lifetime and for 70 years after his death, except in the cases stipulated by law.

With respect to works disclosed anonymously or under a pseudonym, the period of validity of copyright shall end 70 years after the disclosure of the work.

Copyright in computer software (database) created in coauthorship shall remain in effect throughout the coauthors’ lifetimes and for 70 years after the death of the last coauthor.

The author’s personal non-proprietary rights shall be protected in perpetuity.

 

Free Copying, Modification and Decompilation of Computer Software

A person lawfully possessing a copy of computer software shall be entitled to do the following, without the consent of the author or other person holding the copyright in the software:

change (modify) the computer software with the aim of ensuring its operation when it is used with the user’s technical equipment, and performing the actions related to the operation of the computer software in accordance with its purpose, in particular, record and store in the computer memory and correct obvious errors, unless otherwise stipulated by an agreement with the author or other person holding the copyright;

make one copy of the computer software, provided that the copy is made only for archival purposes or to replace a lawfully acquired copy in case the original computer software is lost, destroyed or becomes unusable. In this case, the copy of the computer software shall not be used for purposes other than those specified in this point and point (1) of this part, and shall be destroyed if possession of a copy of the computer software ceases to be lawful;

decompile computer software (transform its object code into output text) with the aim of obtaining the information required for the achievement of its interaction with independently developed computer software, subject to the following conditions:

a) this person previously had no other sources of access to the information necessary for the achievement of the interaction;

b) said actions are performed only with respect to those computer software portions that are necessary for the achievement of the interaction;

c) the information obtained as a result of decompilation shall be used only to achieve its interaction with other software, and shall not be transferred to other persons, except when this is necessary for the achievement of compatibility with other software, and shall not be used for the development of computer software that looks similar to the decompiled computer software, or for any other copyright-infringing action;

observe, study and modify the functioning of computer software so as to understand the underlying ideas and principles, provided that this is done in the course of performing any action such as loading, display, functioning, transfer, or storing in the memory (saving) the computer software.

 

Assignment (Alienation) of Proprietary Rights of Copyright Holder

The programmer, composer (or other copyright holder) may assign his proprietary rights on computer software (database) to any other person fully or partially. The assignment of the proprietary rights of the programmer, composer (or other copyright holder) shall be formalized by means of an contract.

The proprietary rights that are assigned under a contract shall be stipulated therein. Proprietary rights not specified in the contract as alienated shall be deemed not to have been assigned.

 

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