Deposit as a way to protect copyright


What is copyright deposit?

In the legislation of the Russian Federation, there is no mandatory requirement for registration of copyright. Copyright arises at the time of creation of the object, therefore, there is no obligation to legally enforce the right.

Despite this, attribution disputes are not uncommon for courts, and a deposit procedure exists to avoid lengthy litigation. 

Deposit is a process in which a copy of a copyright object is transferred to the custody of a company that confirms the acceptance of a specific object from a specific person claiming authorship. This process is accompanied by the issuance of a certificate, a certificate confirming this fact.

Despite the existence of such a procedure, copyright is not legally registered by deposit, but is only a way in which you can establish the right of authorship for each specific object. 

In judicial practice, there is no consensus regarding the deposit, therefore, it is incorrect to assert that this action guarantees 100% protection. 

Algorithm of actions when depositing

The law does not establish a single deposit procedure, hence there is a difference in the sequence of actions, depending on the company. But there are a number of similar actions that make it possible to judge the order of actions when depositing:

  • The first stage is the filing of an application for depositing an object from the copyright holder, where all the personal data of the applicant are indicated;
  • Then it is necessary to prepare and submit all the documents requested by the company;
  • In the future, an agreement is concluded on the transfer of the object for storage between the company and the author;
  • After the conclusion of the contract, payment for the services of the company takes place;
  • By concluding an agreement, payment for the services of the company occurs;
  • The final stage is the issuance of a document confirming the copyright to the object by way of deposit. 

What exactly is subject to deposit?

Various objects that are subject to copyright and that require protection of the corresponding right, it is possible to deposit. A potential tool for securing copyright can be used in relation to the following objects:

  • Musical works such as text and music itself;
  • Text works - scripts, texts of books, articles;
  • Audiovisual works - films, clips, animation;
  • Objects of architecture, urban planning, both in the form of an existing object, and at the level of a project or layout;
  • Works of art - paintings, graphics, designs and any other illustrations;
  • Photos can also be deposited along with the above items;
  • Other objects of copyright that can be digitized and secured the corresponding right. 

Pros and cons of copyright deposit 

The deposit procedure, along with the advantages mentioned above, is also not without its drawbacks. 

Among the advantages are the following additionally:

  • A fairly common way of registering copyright for an object;
  • The document obtained as a result of the deposit can be used as proof of copyright for a specific object;
  • The ability to carry out the procedure remotely;
  • Based on the objects to be deposited, it can be concluded that there is no requirement for the form of the work;
  • The procedure takes little time and does not require the collection of a large number of documents;
  • Quite an effective tool in disputes over attribution of an object.

Along with all the pluses, there are also minuses:

  • Does not have sufficient legal force;
  • The use of the certificate / certificate of deposit does not provide full guarantees in court;
  • Each company has different requirements for the deposit procedure, due to the lack of legislative regulation of the deposit procedure;
  • Deposition, as the only way to secure copyright, makes it impossible to believe that copyright is fully secured. The deposit must be used in conjunction with other copyright protection measures;
  • It is possible to deposit only a finished work or its other variants; it is impossible to protect an idea or any other concept by depositing.

From the foregoing, we can conclude that the deposit is a fairly widespread and effective tool for the protection and enforcement of copyright. But, the most effective deposit will be only in conjunction with other methods of protecting rights. To ensure copyright protection, you can contact A4 Law Firm, whose specialists will easily cope with this task.


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