Establishment of Copyright Holder
In cases when there is a dispute of the ownership of the right to an artwork (i.e. who is the holder of exclusive right on computer program or a database, but there is no dispute who is the author of work) it may be settled through legal proceedings.
Depending on the parties in the dispute (legal entity or physical person), the dispute may be settled in the Arbitration court or in the Court of general jurisdiction.
A legal action resolves a dispute and could become a prerequisite for the application of other measures of rights protection established by law.
For example, the holder of exclusive rights on a computer program or a database who has already established his/her rights to the disputed work, may claim damages for illegal use of work from 10 000 to 5 000 000 ₽.
To bring legal action on exclusive rights acknowledgment on a computer program or a database it is necessary to provide evidence that the plaintiff is the owner of exclusive rights to the disputed work.
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Software, as well as databases, are objects of intellectual labor that are included in the copyright field. Such results of creative activity from the standpoint of law are considered literary works. Full ownership comes automatically, belongs to the author and is protected throughout his life and seventy years from the moment of his death. When there is a disagreement about who is the owner of the copyright to a computer program, and the issue of authorship is not touched upon, the dispute is resolved in court. To initiate a lawsuit, you need to file a claim and provide evidence of exclusive rights to the controversial software.