Practical intellectual property law
Replenishment date: 24.03.2013
Content: 30324100653227.rar (33.55 KB)
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Description
Practical work on the discipline "Intellectual Property Law"
Task number 1
Administration of the Oktyabrskaya Railway instructed a group of employees to prepare for publication "Timetable for the movement of suburban trains from the stations of St. Petersburg".
The compiler of the train schedule from the Baltic station Fedorova turned to a lawyer for advice on whether the “Schedule” prepared for publication could be considered an object of copyright.
At the same time, she wondered if copyright extended to a small brochure she had prepared that outlined the basic rights and obligations of commuter passengers. She doubts this, since the brochure was written on the basis of current legislation, and the copyright law states that the official documents to which the laws apply are not subject to copyright.
What clarification should be given on these issues? What are the legal requirements for the subject of copyright?
Task number 2
An amateur artist bought a painting by Dremov in a store and made several copies, which he prepared for sale. When the author came to the buyer to reproduce his painting, and saw the copies made by the buyer with a distorted colored background, he offered to destroy these copies.
The buyer did not agree with this demand and stated that he bought the painting in the store, became its owner, and as the owner can dispose of it as he pleases. Therefore, he refuses the author to reproduce his picture.
The author applied to the court for the protection of his rights.
What decision should the court make? What are the differences between the subject of ownership and the subject of copyright?
Task number 3
Two authors created designs that were used in the production of headscarves. The authors demanded that the administration of the enterprise conclude an agreement with them on the use of their drawings, referring to the fact that copyright belongs to the authors themselves to all works, including those created as a service assignment.
The administration of the enterprise rejected the demands of the authors, pointing out that the employment contract directly stated that the right to use all the creative results of the work of the authors belongs to the employer. In addition, the administration believes that in this case the authors created industrial designs, and not works protected by copyright.
Who is right in this dispute? What are the rights of authors of service works? What works are considered completed in the order of a service assignment?
Task number 4
The composer, together with the poet, created several wedding and drinking songs that were performed in the concert hall. The publisher approached the authors with a proposal to publish these songs.
With whom should an agreement be concluded if the publisher intends to simultaneously publish sheet music with text, as well as sheet music and text separately? What should be done if one of the authors dies during the preparation of the contract?
What types of co-authorship does the law know? What rights of authors are inherited and for how long?
Task number 5
The Murmansk Book Publishing House signed an agreement with the author Burgomistrov to publish the monograph “The History of the Arctic”. The manuscript received positive reviews from reviewers. But at the same time, remarks were made, with which the author fully agreed and expressed a desire to make appropriate clarifications and additions to the manuscript. The publishing house gave the author four months to revise the manuscript. The author died unexpectedly. The publishing house turned to the heirs of the deceased with a proposal to instruct the historian Blagonravov to finalize the manuscript. The heirs gave their consent.
Who should be considered the author of the revised monograph published in the light?
Task number 6
By order of television, Pridvorov and Gladkov translated a number of unguarded works of foreign authors into Russian. Disagreements arose between translators and television over the payment of remuneration and the further use of translations. Television believes that because
Task number 1
Administration of the Oktyabrskaya Railway instructed a group of employees to prepare for publication "Timetable for the movement of suburban trains from the stations of St. Petersburg".
The compiler of the train schedule from the Baltic station Fedorova turned to a lawyer for advice on whether the “Schedule” prepared for publication could be considered an object of copyright.
At the same time, she wondered if copyright extended to a small brochure she had prepared that outlined the basic rights and obligations of commuter passengers. She doubts this, since the brochure was written on the basis of current legislation, and the copyright law states that the official documents to which the laws apply are not subject to copyright.
What clarification should be given on these issues? What are the legal requirements for the subject of copyright?
Task number 2
An amateur artist bought a painting by Dremov in a store and made several copies, which he prepared for sale. When the author came to the buyer to reproduce his painting, and saw the copies made by the buyer with a distorted colored background, he offered to destroy these copies.
The buyer did not agree with this demand and stated that he bought the painting in the store, became its owner, and as the owner can dispose of it as he pleases. Therefore, he refuses the author to reproduce his picture.
The author applied to the court for the protection of his rights.
What decision should the court make? What are the differences between the subject of ownership and the subject of copyright?
Task number 3
Two authors created designs that were used in the production of headscarves. The authors demanded that the administration of the enterprise conclude an agreement with them on the use of their drawings, referring to the fact that copyright belongs to the authors themselves to all works, including those created as a service assignment.
The administration of the enterprise rejected the demands of the authors, pointing out that the employment contract directly stated that the right to use all the creative results of the work of the authors belongs to the employer. In addition, the administration believes that in this case the authors created industrial designs, and not works protected by copyright.
Who is right in this dispute? What are the rights of authors of service works? What works are considered completed in the order of a service assignment?
Task number 4
The composer, together with the poet, created several wedding and drinking songs that were performed in the concert hall. The publisher approached the authors with a proposal to publish these songs.
With whom should an agreement be concluded if the publisher intends to simultaneously publish sheet music with text, as well as sheet music and text separately? What should be done if one of the authors dies during the preparation of the contract?
What types of co-authorship does the law know? What rights of authors are inherited and for how long?
Task number 5
The Murmansk Book Publishing House signed an agreement with the author Burgomistrov to publish the monograph “The History of the Arctic”. The manuscript received positive reviews from reviewers. But at the same time, remarks were made, with which the author fully agreed and expressed a desire to make appropriate clarifications and additions to the manuscript. The publishing house gave the author four months to revise the manuscript. The author died unexpectedly. The publishing house turned to the heirs of the deceased with a proposal to instruct the historian Blagonravov to finalize the manuscript. The heirs gave their consent.
Who should be considered the author of the revised monograph published in the light?
Task number 6
By order of television, Pridvorov and Gladkov translated a number of unguarded works of foreign authors into Russian. Disagreements arose between translators and television over the payment of remuneration and the further use of translations. Television believes that because