How to prove software authorship?

Elena Mashina

Contents:

How to prove software authorship?

According to current regulations, a computer program is an object of intellectual property and is protected by copyright law. These issues are regulated by part 4 of the Civil Code of the Russian Federation. The latest version of this law was adopted on July 18, 2019. It regulates the relationship between creators of intangible assets, users and copyright holders. Thanks to the improvement of the legislative system, objects created as a result of intellectual activity were introduced into economic and legal circulation on a par with physical objects of material value.

Computer program from the point of view of the law

A computer program is any software for the operation of computer technology. This category includes operating systems, software development results, software systems. According to article 1261 4 of the Civil Code, a computer program is a combination of data and instructions that are necessary for the operation of computer equipment in order to achieve the desired results. The materials obtained in the course of its development and the audiovisual effects created by the computer program are considered to be part of the computer program.

In accordance with Art. 1281 of the Civil Code, the rights to computer programs are retained during the life of the author and for 70 years after his death. Similar laws apply to literary works.

It should be noted that the law on the protection of authorship does not apply to ideas and concepts, programming languages.

Database copyright

Database (DB) - a set of systematized information that can be analyzed by a computer. The database must contain at least 10,000 information elements, which are independent materials: articles, regulations, etc. They are systematized in such a way that they can be found and processed using a computer. In accordance with Art. 1260 of the Civil Code, the author of the database is its compiler, and the use of the material is governed by the norms of related law.

According to article 1335 of the Civil Code of the Russian Federation, after the completion of the systematization of the material, the compiler of the database receives the exclusive right to the object of intellectual property. This right is retained for 15 years after the creation of the database. The condition remains in the event that the manufacturer has made the database public. The validity period of the right is renewed after each database update.

How to register a computer program or database?

You should be aware that exclusive copyright in respect of these objects arises automatically after their creation and are not associated with official registration. At the same time, one cannot do without it, since in case of illegal use of the product, the software manufacturer or the compiler of the database will need documentary justification to prove their authorship.

According to article 1262 of the Civil Code, the copyright holder can register a program or database during the term of exclusive copyright. The limitation for registration is the content in the database or software of information that is a state secret.

Lawyers recommend copyright holders and authors to use the deposit service prior to the publication of a database or software product. Deposits are handled by special digital services. During the procedure, the intellectual property object is registered in the register of copyright content, which excludes unauthorized access to the material.

When depositing, the file is loaded into a special cell and a description is added to it, the authorship, date of creation and functionality are indicated. To protect information, blockchain technology is used, thanks to which the data cannot be changed. The author is issued an electronic certificate with identifier keys, without which access to the file is impossible.

Thanks to the deposit, the product acquires the status of an object of intellectual property from the point of view of the law. This simplifies copyright protection in the event of their violation, which may be associated with full or partial copying of the program code or functionality, illegal distribution of the product.

Also, thanks to the deposit, the creator of the software gets the opportunity to monetize his development by concluding licensing agreements for its use.

In addition to depositing, the author of the software can submit an application to Rospatent or the Ministry of Telecom and Mass Communications in order to fix his legal rights to intellectual property objects. Within two months after submitting the application, the software product will be registered.

If you are faced with such questions, the specialists of the law firm A4 Law Firm will help you go through the software registration procedure and defend your rights in case of violation.

How to prove software authorship?