UDK: 347.463

Svetlana V. Borisova - Candidate of Law, docent, associate professor of the department ‘Civil law, international private law and civil procedure’ of the Law Institute of the Russian University of Transport

Aleksandra Ig. Lavrentieva - student of the Law Institute of the Russian University of Transport

Abstract. The current paper has presented the study of the legal mechanism for the emergence and use of copyright in a state-owned holding company on railway transport. There has been noted that the use of copyright is carried out taking into account the specifics of their legal nature as objects of civil rights and is regulated at the federal and local levels. The state-owned holding company in the railway sector has successfully operated its own organizational and legal model of their use. For these purposes, a special department has been created at JSC "Russian Railways" that carries out internal accounting of copyright objects by introducing these objects into a special register of copyright objects of JSC "Russian Railways". The authors have also indicated that copyright objects can be created both by employees of JSC "Russian Railways" and by third parties under a copyright agreement, a contract on the creation of a work, including a scientific work, a film, etc. In the case of the creation of works by third parties, the exclusive right belongs to JSC "Russian Railways" as a customer. If the works referred to as official works are created by the employees of JSC "Russian Railways" and other holding members in a course of their labor duties or a specific task of the employer, the employer has got the exclusive right to them, as indicated in the local acts of JSC "Russian Railways". Therefore, there has been recommended to human resources’ employees, when signing employment contracts with employees of JSC "Russian Railways", to include the condition of an employee’s agreement to recognize the exclusive right of the employer on all official copyright objects. According to the authors, the refusal of JSC "Russian Railways" to sign an employment contract with an employee because of his disagreement to include the said point into the agreement should be considered illegal. There has also been noted in the work that computer programs as objects of copyright can be part of a complex object of an innovative project, intellectual rights to which can be held jointly by the holding participants and third parties.

Keywords: works of literature, science, art; computer programs, databases; state holding company on railway transport; Intellectual Property Office; copyright notice; innovation project; software; license agreement.

References:

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