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The criteria of copyrightability used in Russian judicial practice

Author

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  • Andrey V. Kashanin

    (National Research University Higher School of Economics)

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.

Suggested Citation

  • Andrey V. Kashanin, 2014. "The criteria of copyrightability used in Russian judicial practice," HSE Working papers WP BRP 30/LAW/2014, National Research University Higher School of Economics.
    • Handle: RePEc:hig:wpaper:30/law/2014
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    File URL: http://www.hse.ru/data/2014/01/23/1325658789/30LAW2014.pdf
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    More about this item

    Keywords

    copyright; intellectual property; intellectual rights; personal non-property rights; exclusive rights; copyrightable work; copyrightability; works of low authorship; originality; creativity;
    All these keywords.

    JEL classification:

    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

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