Who is “ author of the work “?
According to the existing Russian legislation, the author of work are a natural person whose creative activity created work.
The law does not contain any age, education and other requirements for recognition of the person by the author. Any person, including the minor can be him.
The main moment for recognition of the person by the author is the fact of creation of work by it which is protected by the right. And does not matter whether again created work is published or not. The main thing the fact that it has to be expressed in any objective form.
By default the person specified as the author on the original, or a work copy is considered the author of work.
Creation of work generates for his creator, except a copyright, some more other rights. For the notification about the rights the author has the right to use the sign of protection of copyright designated by the Latin letter “ With “ in a circle, placed on work copies and also to enter the name and date of the first publication of work.
It is necessary to know that the author not only the creator of the original work but also derivative (for example, the translation) and compound admits (for example, the collection).
The author can create work independently or together with other authors. At a co-authorship copyright of work belongs to all coauthors in common irrespective of whether indissoluble whole forms such work one or consists of parts, each of which has independent value.
The author possesses the property, and also personal non-property rights: copyright, the right addressed to, the right to publish work, the right for protection of work against any distortion and encroachment capable to cause damage to honor and dignity of the author.
The author has the right addressed to, that is, an opportunity to use work under the real original name, a pseudonym or without designation of a name, anonymously. The choice of designation of a name belongs only to the author.
Property rights of the author are exclusive rights to use of work in any form and any way. I.e., the author has the right to carry out or allow work reproduction, distribution of its copies, public display or execution etc. After death of the author his property rights pass to successors or other assignees.
The essence of a copyright is legally provided possibility of the person to be considered as the creator of work and to demand recognition of this fact from others. The copyright belongs only to the valid creator of work. It is inaliennable and inexpressible under any contract, by inheritance, and works during all life of the author.