16 March 2021

How Copyright Arises

In accordance with the civil legislation, copyright for any artwork regardless of its form, qualities and actual assignment, arises as of the moment when the author gives this work specific objective form.

It means that the legislator does not require any formalities connected with the fixation of the rights for a certain subject of copyright for the arising of the copyright, i.e. by the law procedures such as deposit or registration of copyright are not compulsory for the provision of legal protection to artworks and enforcement of copyright.

The right of authorship, according to the norms of the Civil Code of the Russian Federation, will belong to the author or co-authors regardless of whether they have been deposited and registered.

Nevertheless in business practice in Russia and in the world the right of authorship to artworks is usually consolidated by deposit and registration in order to ensure better protection of copyright in case of its unauthorized usage.