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1. Copyright protection for a work of applied art
Intellectual property law provides for the protection of the appearance of products that are the result of creative activity in the field of artistic design. In most countries, such protection is provided by granting a patent for an industrial sample. But there are countries where the protection of industrial samples is not provided for. In such countries, the specified results of artistic design are protected as works that are the object of copyright. The design of utilitarian things, objects (having a practical purpose) can comprise a work. That is, the appearance of such objects can be protected by copyright, provided that they are originals and are of a creative nature.
Both of these types of protection are independent of each other and can exist simultaneously. A work and an industrial sample can be simultaneously expressed or realized in one material object or product, and are independent of each other.
Occurrence
Adjacent rights arise as a result of the fact:
- each execution of execution;
- phonogram production / videogram production;
- of the first broadcast of the broadcasting organization's program.
Subjects of related rights:
- executor (primary subject of related performance rights), heirs of the performer and other natural or legal persons who acquired property rights to performance on the basis of a contract or law;
- producer of phonogram / videogram (primary subject of related rights to phonogram / videogram), heirs (successors) of producer of phonogram / videogram and other natural or legal persons who acquired property rights to phonogram / videogram on the basis of a contract or the law;
- broadcasting organization (primary subject of related rights to the program of the broadcasting organization), successors of the broadcasting organization and other natural or legal persons who acquired property rights to the program of the broadcasting organization on the basis of a contract or law.
2. Term of validity of related rights
No formalities are required for the emergence and exercise of related rights.
The right to performance is effective from the moment of performance. The term of validity for execution expires after 50 years.
The right to a phonogram / videogram is valid from the moment of production of the phonogram / videogram. The validity period expires after 50 years.
The right to a broadcasting organization program is effective from the moment of the first broadcast of the broadcasting organization program. The term of validity of intellectual property rights to the broadcasting organization's program expires after 50 years
Consultations on the protection of the rights of the performer, phonogram / videogram producer, broadcasting organization
We provide advice on the protection of related rights, as well as written materials that explain the steps and cost.
The following are provided free of charge:
- first 15 minutes of oral consultation regarding the protection of related rights;
- standard written materials on the stages and cost of copyright registration and protection of related rights.
In most cases, free consultations and basic written materials are enough to make a decision to start working with us.