The objects of forensic examination and research related to copyright and related rights may be:
- works of literature, art, science;
- performance of literary, dramatic, musical, music-dramatic, choreographic, folklore and other works.
Forensic examinations related to copyright and related rights are assigned to:
- when the court decides on the issue of violation of the rights of the copyright owner;
- when acknowledging the use of the work, etc.
When appointing expert opinions or ordering research related to objects of copyright and related rights, the following materials must be provided:
- Certificate of copyright registration for the work (preferred).
- A copy of the copyright owner’s work, preferably with details that allow the date of publication, etc. to be determined.
- Materials suspected of infringing the rights of the copyright owner.
- Other materials depending on the issues that are put to the expert’s decision.
Indicative list of issues to be addressed:
Disputes about the recognition of rights
- Is the object of research «ААА» (or a part of it that can be used independently) the result of creative work according to the case materials?
- Does the research object (or a part of it that can be used independently) contain features of a copyright object according to the case materials?
- Is the work «ААА» a reworking of the work «ВВВ»? If so, is this reworking creative in nature?
- Is the work «ААА» a translation of the work «ВВВ»? If so, is this translation creative in nature?
Disputes about infringement of rights
- Was the reproduction of the work «ААА» (or a part of it that can be used independently) involved in the creation of the work «ВВВ»?
- Is the name (quote, character) of the work «ААА» reproduced in the trademark for goods and services «ВВВ»?
- Is the name (quote, character) of the work «ААА» reproduced in the commercial (brand) name «ВВВ»?
- Is the work «ААА» included as a component of the collection «ВВВ» (anthology, encyclopedia, etc.)?
- Is the work «ААА» a reworking of the work «ВВВ»? If so, is this reworking creative in nature?
- Is the work «ААА» a translation of the work «ВВВ»? If so, is this translation creative in nature?