🤔 What is copyright and DMCA practice (c)

Salute,

Let's talk about what's useful for work and, in general, for any practice. In information security, we always talk about the Parker hexad (ownership, integrity, usefulness, availability, authenticity, confidentiality) as the main concept of information protection.

I propose to approach this issue from the other side and in relation to real work, that is, to what we do with our hands every day and the result has some form: non-standard recommendations for a case, a technical solution, a custom product, analyzer policies, etc. That is, this is the copyright for the final work of a specific author/right holder.

Usually we transfer all this under the Labor Code and/or under service agreements, works already to the customer, but there are cool subtleties, such as in the part for software such as non-alienation of the work (although this is a legal possibility that allows you to terminate the legal connection with the objects of rights) or licensing and others (but we will discuss this)

Let's figure out what it is?

Copyright in Russia is the intellectual rights to final works of science, literature and art, or other practical activities, including legal norms that regulate the creation and use of works in their final representation.

DMCA (Digital Millennium Copyright Act) is a law on copyright in digital by using the “notice and takedown” mechanism, that is: the author/copyright holder can send a complaint and your content will be deleted without trial or proceedings. Usually this is exactly the sign of copywriting as (c).

Copyright for the Russian Federation is a specific integral work, like an Object of Intellectual Property, and for the DMCA it is any content created by a person, that is: if in the Russian Federation I made a picture and it is reused 1 to 1, then this is a case of violation of the AP, and if they change more than 40% - no, but for the DMCA both cases indicate that this is a violation.

Now the important features for you, remember:

- Objects of copyright/intellectual property are the result of creative work, regardless of purpose

- The subject of copyright is the individual or co-authors whose creative work created it

- Rights cannot arise from a legal entity or AI (including industrial entities)

- Any change to the subject of copyright is already classified as a separate work, provided that more than 40% of the material is changed or this content is rewritten

- There is no complete alienation of copyright, you can always reserve the right to publish that any modification of the materials must be with your mention

- Full rights always remain with you and, if necessary, you can renew them if the terms of the transfer were absent and/or were violated during use

- Legal entities may receive exclusive permission (not full rights) to use the work:

-- Alienation agreement only with a separate type of cost for work, which must be included for the entire validity period

-- License agreement for use within certain limits (this is how the policy of the gaming industry, for example, works)

-- Author's order agreement according to the customer's technical specifications, where the wording for exclusive rights is only within the framework of the conditions

-- Service works belong entirely to the employer (Article 1295 of the Civil Code of the Russian Federation), unless otherwise provided by contractual relations

- Types of licensing are different for proprietary and free distribution (we’ll look at it separately). Example:

The MIT License is one of the earliest licenses developed by the Massachusetts Institute of Technology. It is the most permissive license that does not impose any restrictions on users other than a notice of authorship. Allows you to include code under this license in proprietary products with their subsequent sale.

Bottom line: you should always pay attention to licensing and your copyrights, as well as what you reuse, how and where. Note that you can reproduce your materials conceptually in different places, under different conditions.

#toolchain #compliance #reco #specialty