If a dispute regarding authorship (who is the author?) to an artwork arises, then the author may file a claim with the Court which will establish the authorship to the artwork in question. Such a claim makes it possible to settle disputes and also set a precedent for application of other remedies provided by law.
For instance, after establishing his/her authorship, an author may also acknowledge his/her exclusive right to a disputed artwork and may charge a compensation for any illegal use of the artwork. The fine will range from 10 000 to 5 000 000 ₽.
Only an individual or individuals (in case of co-authorship) may be authors. The claim must be filed with a general jurisdiction Court.
To file a claim to Court requesting acknowledgement of authorship, you must provide evidence that the artwork in question was created by the claimant’s efforts. The evidence may include drafts, sketches or preliminary variants of the artwork in question. For digital photos, you must provide the original memory device to which the digital photo was initially made.
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If there is a disagreement about who the author of the work is, and the parties have not agreed in an out-of-court procedure, then challenging authorship in court will resolve the conflict. To establish authorship, a person files a claim in a court of general jurisdiction. A deposited copy of the created object is capable of proving and confirming the position of the party. The establishment of authorship by the court subsequently allows recognition of the exclusive rights of the creator to the disputed works. Thanks to this, the author will be able to obtain compensation payments for illegal use of the work in the amount of 10 thousand to 5 million rubles.
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