Skip to main content
Log in

“Red Cat”

Decision of the Supreme Court of the Russian Federation 17 September 2020 – Case No. 305-ES20-8198

  • Decision • Copyright Law
  • Russia
  • Published:
IIC - International Review of Intellectual Property and Competition Law Aims and scope Submit manuscript
  1. 1.

    In accordance with para. 4 of Art. 1259 of the Civil Code of the Russian Federation (CCRF), no registration of a work or any other formality is required for the creation, exercise and protection of copyright.

  2. 2.

    Until proven otherwise, the author of the work is considered to be the person, indicated as such on the original or the copy of the work or otherwise in accordance with para. 1 of Art. 1300 CCRF (Art. 1257 CCRF), in the Registry of Computer Programs or in the Registry of Databases (para. 6 of Art. 1262 CCRF).

  3. 3.

    On this basis, the authorship of a specific person is established only through the evidence which confirms the fact of creation of a work by this specific person (e.g. witness statements, publications, drafts, evidence based on establishing the author’s creative style, etc.).

  4. 4.

    The deposit of a work is a voluntary procedure which is not prescribed by law, to which the legislation does not attribute any consequence. The deposit only confirms the existence of the copy of a specific work at a certain point in time.

  5. 5.

    The deposit of a work is not related to the presumption established by Art. 1257 CCRF, according to which the person, indicated as the author on the original or the copy of a work, or otherwise in accordance with para. 1 of Art. 1300 CCRF, is considered as its author, if not proven otherwise.

This is a preview of subscription content, log in via an institution to check access.

Access this article

Price excludes VAT (USA)
Tax calculation will be finalised during checkout.

Instant access to the full article PDF.

Institutional subscriptions

Author information

Consortia

Additional information

Publisher's Note

Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

Translated from the Russian by Natalia Kapyrina.

Rights and permissions

Reprints and permissions

About this article

Check for updates. Verify currency and authenticity via CrossMark

Cite this article

Civil Code, Arts. 1257, 1259, 1300. “Red Cat”. IIC 52, 350–353 (2021). https://doi.org/10.1007/s40319-021-01033-1

Download citation

  • Published:

  • Issue Date:

  • DOI: https://doi.org/10.1007/s40319-021-01033-1

Keywords

Navigation