Objects of intellectual property include not only objects of industry, pharmaceuticals and other sectors of the economy, but also the results of human creative activity in the field of literature, art, painting, computer programs, databases, which are protected by copyright. Copyright extends to their heirs, as well as employers and copyright holders (“derivative” entities)
The author of a work owns such non-property rights as the exclusive right to the work, the right of authorship, the author’s right to a name, to integrity and publication of his work. Also, the author of a work has the exclusive right to use it in any form and in any way - this right is called a property right and allows the author to receive material benefits from his work.
Unlike copyright, related rights apply to forms of expression of the results of creative activity - these include phonograms, choreography, performance of a particular work, and the subjects of related rights are performers, producers of phonograms or databases, publishers of works, etc.
That is, copyright and related rights arise as a result of the creative process, but if a unique work of art is created, then copyright applies to it or its fragments, and if the creative process is of an applied nature, then related rights apply.
In this case, the owner of related rights can obtain a property right only by concluding an agreement with the author.
In terms of terms, copyright and related rights differ in that:
- property rights to creative works are valid throughout the life of the author, and after his death they are 70 years;
- related rights are valid for 50 years after a public performance or recording of a phonogram.
