Electronic form of copyright items

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Electronic form of copyright items

R. S. Rakhmatulina

Abstract

The article considers copyright items in electronic format and outlines characteristics of works in virtual form.

Keywords: copyright items, digital form, electronic form, virtual form.

In accordance with the Order of the Government of the Russian Federation No. 1632-r of 28.07.2017, the digital economy is «an economy where digital data is the key production factor in all spheres of socio-economic activities, with efficient interaction -- including cross-border activities -- between business, research and educational community, the state and the citizens».

The turnover of copyright to the results of intellectual activity holds a special place within digital environment; copyright is key, important institution of intellectual property, as the objects of copyright in digital form have the greatest online circulation.

`Digital works' constitute various kinds of copyright items. Today, it would be hard to imagine the existence of any works which are not convertible into digital forms. In itself, the use of technologies and equipment in digitization of works is not a sign of `digital works' and does not allow them to be singled out as a separate type of copyright object. Converting a work into digital format does not constitute and does not entail creation of a new work (subclause 2, clause 1, Art. 1228 of the Civil Code of the Russian Federation).

Comparing tangible and digital objects, we can note tangible objects are characterized by certain properties and individuality, while digital objects possess the properties of `typicality and abstractness'.

According to Recommendation of International Telecommunication Union (ITU-T X.1255), «digital objects are networks, services, documents, access rights, transport information, devices or separate chips, copyright works or any other information presented as a data structure».

`Digital work' is applicable to expressing the form of a work in digital way.

The electronic analog form is a recording in the form of a signal (as a certain physical quantity) based on electronic impulses which is transferred onto a magnetic tape, disk or cassette (e-carrier works such as for old films, music, etc.).

Therefore, the analog information may be deteriorated or be distorted if electronic media are damaged. However, digitization is recording in the form of numbers, which ensures that the information is protected from distortion and interference, i.e. the work is transferred into a numeric code.

In broader sense, digitization is description using numerical code (coding). The narrow meaning of `to digitize' is to translate a work into electronic format.

KOI8 (8-bit Information Exchange Code) has been the first standard for Russian alphabet coding on PCs. Respectively, the objects -- at that time and now, when more modern encodings are used, are processed by Pcs sequentially and defined by mathematical units of digital media. `Digital objects' carry the information processed by PCs, and they are recognized by through mathematical parameters. digital format digitization telecommunication

As outlined by A. I. Savelyev, `the basic characteristics of digital form of expression' are as follows:

significant degree of independence of the work from its medium, which makes the distribution of such works very easy;

— inextricable interconnection of digital content and the process of its copying as access to digital data is only possible through its copying; control over its copying means control over access to it;

— one copy of a work can be simultaneously accessed and used by multitude persons;

— works in digital format can be easily amended. This property allows creation of multiple versions of the same work, including different representations (e.g. txt, pdf, doc, html files etc.)¹. In this connection, digital object can be

defined as a distributable, amendable and format- convertible copy of a tangible object very much close to the original which allows to obtain the most accurate representation of it.

Despite the growing online circulation of copyrights, Russian legislation is still lacking the definition of a digital item of copyright, although to date the turnover of intellectual property rights in the Internet has increased significantly. The available doctrinal definitions of a digital object define the notion only from a technical point of view, without affecting its legal essence.

Researchers also singled out a separate, multimedia form of copyright objects. Multimedia property refers both to the type of works, and is also applicable to the expression of the form of a work.

As a product of computer technologies, multimedia objects require the use of more modified programs, which store in the memory a wide range of artworks, audiovisual records and photographic works transferred into digital environment. Multimedia can also contains a lot of information such as texts, audio, video, graphics, and the user can work with such data simultaneously using interactive commands. Russian legislation identifies multimedia works as protected results of intellectual activity within a complex object (Clause 1, Art. 1240 of the Civil Code of the Russian Federation).

In some countries `multimedia' objects refer to as audiovisual works. Indeed, some multimedia works poses the characteristics of audiovisual works, and from this point of view multimedia objects can be considered as analog.

GOST ISO 14915-2-2016 states that media object is a component of a multimedia application implemented through a single form of information representation. Example 1 -- A text object that provides information about a certain subject. Example 2 -- An image object representing the image of a certain person. Example 3 -- A sound object that is in itself a song. This standard establishes guidelines and requirements for the development of multimedia user interfaces with the account of information content structure, navigation and management of representation forms Savelyev A. I.Ehlektronnayakommerciya v Rossiiizarubezhom: pravovoeregulirovanie [E-commerce in Russian and other countries: legal regulation]. M. :Statut, 2014. P. 232. GOST R ISO 14915-2-2016 Ergonomics of multimedia user interfaces. Navigation of managing multimedia means..

As noted above, multimedia objects can be represented as variations of images, sounds, graphic elements, text and, therefore, can also be represented both analog and digital formats.

According to Wikipedia, «Multimedia is content, or content that is simultaneously transmitted in different forms: sound, animated computer graphics, video sequences. For example, one container object can contain textual, audio, graphic and video information, as well as, possibly, a way of interacting interactively with it. This is achieved by using a certain set of hardware and software».

Based on this definition, multimedia objects can be a combination of various forms of works, because they are complex and multilayered. «Their creation is the result of multi-layered process, when some individual create the elements used afterwards by other individuals for the complex object as a whole» Dozortsev V. A.Pravona film kakslozhnoyemnogosloynoyeproizvedeniye [Right to a film as a complex multi-layered work] // VestiVAS RF. 2000. № 3.P. 64..

Thus, «we can single out the multimedia form of copyright objects in digital environment that in itself combines traditional, statistical and visual information (text and graphics), and dynamic representation of ultural artifacts (speech, music, video, animation etc.). The user simultaneously becomes the reader, the listener, and the viewer, thus experiencing enhanced emotional impact» Marysaev V. B. Internet and Multimedia.M., 2001.Р99..

Multimedia objects can be created in digital form straight away. Such objects have the following features: they can be accessed several users at once and are isolated from a tangible carrier. The Internet and mobile devices help to access objects in digital form, while the electronic devices are not the only carriers of digital objects.

Another possible form of copyright items can be the virtual form.

In accordance with GOST 15971-90, `virtual' defines a process or device in an information processing system which seem real, since all their functions are implemented by some other means (paragraph 32, table 1) GOST 15971-90.«Information processing systems. Terms and definitions» (adopted by the order of USSR Gosstandart of 26.10.1990 № 2698)..

Modern technologies continue to evolve and improve, and not infrequently things and objects of intellectual property are called virtual property. Prof. S. V. Orlov, a well-known researcher, asserts that «virtual online reality is not a spiritual, ideal phenomenon, but a form of matter artificially created by the human. It has the main features of an independent form, its substrate and substance, the structures of space and time, specific relation to consciousness and interacts with other forms of matter according to objective natural and social order» OrlovS. V.Virtualnayarealnostkakiskusstvennosozdannaya forma materii: strukturaiosnovnyezakonomernostiraz- vitiya [Virutal reality as artificial form of matter: structure and main delepment] // Filosofiyaigumanitarnyenauki v infor- macionnomobshchestve [Philosophy and humanities in informational Society]. 2016. № 1 (11). С. 25..

The virtual is something illusory, which, in reality, does not model or create anything. Virtual museums are an example of virtual objects, as well as virtual cities, virtual concert venues, etc., where one can find a variety of content: the existing and simulated reality is being imitated using the game of imagination and fantasy, with the help of dedicated elements and methods.

Thus, a well-known economist and political scientist Marina Voskanyan in one of her works mentions “the phenomenon of a virtual teambuilding -- a set of activities aimed to build the team of the colleagues working together and develop problem solving skills within the team. Such virtual events are typical of IT industry leaders -- companies such as IBM, Cisco Systems, Xerox and Sun Microsystems. Technically, all employees have their avatars in the virtual space where they can arrange a meeting, discuss different topics or travel on business. HR services of many companies believe that this kind of gaming technologies enable the team to get together and are highly beneficial.

Large companies and corporations also express much interest in virtual advertisement -- placement of real brands and ads in virtual domains. Thus, McDonalds offers gamers virtual hamburgers, and Sony Music -- music and video on the island.

Regarding the sale of virtual objects as advertising for their products and services, many companies exploit copyright objects, which helps to drive still more sales.

New objects arise, and the question is whether this virtual form is a new form of expressing these objects? Let us consider virtual museums in more details. When such museums are created, the already available museum collection of paintings is `digitalized'. The software developed for this purpose allows recreating a painting for display in the `no-wall museums'. To create and use such virtual objects, dedicated equipment is needed that will enable a person to be immersed into a real-life situation.

If, due to certain effects, movement or mimics or other creative actions, a virtual copy (moving hero in a picture) is a new creative object, it can then be considered a new derivative object. Digital and virtual forms would both be the forms of such object. Therefore, we shall single out the attributes of a virtual object. This is an artificially created object using computer devices, a surrogate of reality, the transformation of sensations in present time, interaction (from English `to interact', to collaborate) .

An important feature of `digital works' is their distribution. The Internet and the development of new technologies enable rapid online distribution of `digital works'. Various technologies impact the process of distribution and drive the emergence of new ways.

Distribution of a digital work can also affect awareness about it and popularity, while increasing circulation in the digital space.

Thus, the number of digital services, platforms and social networks featuring the objects of museum funds, theater projects, entertainment television programs, etc. is growing increasingly. Every year there are more and more spectacular online projects and events with participants from different countries, and the process of their implementation raises the question of the copyright protection.

The ability to easily copy materials posted on the Internet allows you to use photos, text, audio files and other content -- for example, on the websites of online stores. The abuse of copyright objects in a social network is also associated with the violation of the rights of copyright owners when music, video, photos and other images are selected according to a specific topic; such actions are carried out by the social network or group administrator to attract the audience in commercial interests. Also, a possible scenario is when the content is copied without any reference to the source of borrowing.

Quite frequently, video files posted on YouTube violate the rights of copyright holders. At that, the violators do not bear such damage as in Western countries, although administrators of the website resorts to various measures to protect copyrights, including removal of users.

Thus, the main characteristics of copyright objects posted on the Internet is their expression in digital form. The lack of necessary legal regulation of these relations affects the quality of copyright protection within the online environment.

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