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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.
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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).
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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.).
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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.
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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.
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Translated from the Russian by Natalia Kapyrina.
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Civil Code, Arts. 1257, 1259, 1300. “Red Cat”. IIC 52, 350–353 (2021). https://doi.org/10.1007/s40319-021-01033-1
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DOI: https://doi.org/10.1007/s40319-021-01033-1