Establishment of an Artwork Ownership
If a dispute arises who owns an artwork, i.e. who is the holder of the exclusive right to an artwork, where there is no dispute about who the author of the artwork is, then such dispute is to be settled in court.
Depending on the party in the dispute (company or an individual), such a dispute may be settled either in an arbitration court, or in a general jurisdiction court.
Claim to Court
Filing a claim to court settles the dispute and may serve the reason for application of other remedies provided by law.
For example, if the owner of exclusive right to an artwork acknowledges their right to the artwork in question, then they may charge the compensation for illegal use of the artwork, which may amount from 10 000 to 5 000 000 ₽.
To file a claim to court demanding the acknowledgment of the exclusive right to an artwork you must provide the evidence that the claimant is the holder of the exclusive right to the artwork in question.
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If someone does not recognize or deny someone else's ownership and violates the interests of the legal possessor, the decision on the ownership of the artwork is determined in court. The dispute is considered in a court of general jurisdiction or arbitration, depending on the legal status of the disputing parties (individuals or legal entities). When applying to the court, the party presents evidence of the exclusive rights to the work. The judgment is the starting point for applying other legal remedies. So, after establishing the ownership and recognizing his rights to the controversial artwork, the person is authorized to apply for compensation.
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