On the Issue of Pre-Contractual Liability Qualification

The article is devoted to the study of the problem of the protectability of literary works and their components, expressed in the application of the doctrine of the protected form and unprotected content of a literary work as the main concept in domestic legislation and judicial practice. Within the...

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Main Authors: L. V. Shvarts, E. S. Deriabina
Format: Article
Language:English
Published: North-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA) 2021-10-01
Series:Теоретическая и прикладная юриспруденция
Subjects:
Online Access:https://www.taljournal.ru/jour/article/view/124
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author L. V. Shvarts
E. S. Deriabina
author_facet L. V. Shvarts
E. S. Deriabina
author_sort L. V. Shvarts
collection DOAJ
description The article is devoted to the study of the problem of the protectability of literary works and their components, expressed in the application of the doctrine of the protected form and unprotected content of a literary work as the main concept in domestic legislation and judicial practice. Within the framework of this article, the distinguished legally significant elements under Russian law, the criteria for their protection are analyzed. The author analyzes the influence of the teachings of I. G. Fichte on the protected form and unprotected content on the provisions of legislative acts regulating copyright protection, as well as cases of granting legal protection based on the criterion of the author’s creative work, for example, in relation to such elements of a literary work as the name and character.
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institution Kabale University
issn 3034-2813
language English
publishDate 2021-10-01
publisher North-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA)
record_format Article
series Теоретическая и прикладная юриспруденция
spelling doaj-art-6597fc01be7d45e9a9b564219decb1d12025-01-14T11:56:23ZengNorth-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA)Теоретическая и прикладная юриспруденция3034-28132021-10-0103364110.22394/2686-7834-2021-3-36-4191On the Issue of Pre-Contractual Liability QualificationL. V. Shvarts0E. S. Deriabina1Russian Presidential Academy of National Economy and Public Administration (North-West Institute of Management of RANEPA)Moscow State University named after M. V. LomonosovThe article is devoted to the study of the problem of the protectability of literary works and their components, expressed in the application of the doctrine of the protected form and unprotected content of a literary work as the main concept in domestic legislation and judicial practice. Within the framework of this article, the distinguished legally significant elements under Russian law, the criteria for their protection are analyzed. The author analyzes the influence of the teachings of I. G. Fichte on the protected form and unprotected content on the provisions of legislative acts regulating copyright protection, as well as cases of granting legal protection based on the criterion of the author’s creative work, for example, in relation to such elements of a literary work as the name and character.https://www.taljournal.ru/jour/article/view/124copyrightliterary worklegally significant elements of a literary workprotected formunprotected content
spellingShingle L. V. Shvarts
E. S. Deriabina
On the Issue of Pre-Contractual Liability Qualification
Теоретическая и прикладная юриспруденция
copyright
literary work
legally significant elements of a literary work
protected form
unprotected content
title On the Issue of Pre-Contractual Liability Qualification
title_full On the Issue of Pre-Contractual Liability Qualification
title_fullStr On the Issue of Pre-Contractual Liability Qualification
title_full_unstemmed On the Issue of Pre-Contractual Liability Qualification
title_short On the Issue of Pre-Contractual Liability Qualification
title_sort on the issue of pre contractual liability qualification
topic copyright
literary work
legally significant elements of a literary work
protected form
unprotected content
url https://www.taljournal.ru/jour/article/view/124
work_keys_str_mv AT lvshvarts ontheissueofprecontractualliabilityqualification
AT esderiabina ontheissueofprecontractualliabilityqualification