FREE USE OF COPYRIGHT AND RELATED RIGHTS IN THE CONTEXT OF THE DEVELOPMENT OF DIGITAL TECHNOLOGIES IN RUSSIAN FEDERATION

Abstract

An important concept in the system of regulation of copyright and related rights is the concept of free use. Many users confuse free and fair use. However, it should be noted that in Russian practice there is no concept of fair use, it is used in some foreign countries, for example, in the United States of America.

Free use of copyright and related rights is one of the subspecies of fair use, but is not a similar concept.

Free use implies the possibility of using the work, publishing part of it, free listening, etc. At the same time, all forms of free use of copyright and related rights do not imply the possibility of generating income. Thus, any use of the work that involves the receipt of income cannot be free.

Currently, the possibility of free use of copyright and related rights raises many questions and disagreements, including in judicial practice. This necessitates a clearer regulation of the legal grounds for the free use of copyright and related rights. Most disagreements arise in issues related to the free use of copyright and related rights in the form of citation. Courts differ on what percentage of a work's citations can be considered acceptable within free use.

This article is devoted to issues related to the legal regulation of the free use of copyright and related rights. The problematic and debatable points of this issue are given.