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УДК 341.9
ББК 67.404.3 + 67.412.2
DOI: 10.30628/1994-9529-2019-15.1-197-226

ANNA I. YASTREBOVA
Russian State Social University
Moscow, Russia
ORCID: 0000-0001-6629-1128
e-mail: ann-yastr@mail.ru

 

DEFENSE OF COPYRIGHT IN RUSSIA IN MASS MEDIA WORKS IN THE CONTEXT OF THE INTERNATIONAL EXPERIENCE

Abstract. The article is devoted to research of one of the most important issues of present-day society—the mechanism of defense of copyright to mass media works in Russia in the context of the international experience.
An important tendency of modernity is the development of electronic mass media, the growth of popularity not as much of classical television as Internetmedia, such channels as Youtube.com and Telegram, presenting themselves not only as news content (obtaining news information), but playing the role of sources of entertainment, watching serial movies and films, sport channels, channels about medicine, art, culture and beauty, as well as of the source for receiving new professional knowledge, discussion of economic issues and tendencies in economics, politics, science and technique. It is difficult to stop the present tendency — these are processes taking place in mass-media on a world scale. However, the question to what extent copyright is being observed and how effectively the mechanism of its defense works is one of the most relevant in the context of realization of international principles and norms. The flagman in the development of the content of mass media are the developed foreign countries, while the positions of Russia still remain on a lower level. However, the indisputable Western value is the maintenance of legality, including in such questions as copyright. The accuracy of statement of the material, maintenance of the author’s rights, the aspiration towards creating new, unordinary works, gathering millions of viewers and box office results, on the one hand, and rejection of unlawful usage of fragments of works by authors without payment of honorariums for authors, on the other hand — all of this has become one of the main tendencies of the development of world media industries. The pursuit of an auditorium for watching the content in Russia frequently generates the wish on the part of the media creators to add vivid “tacky” moments in their programs, in order to augment the number of subscribers, views of channels, involvement of new viewers of cable television with the use of aggressive advertising. During the course of lengthy years there has been imposition of stereotypes of behavior of rejection of maintenance of such a leading principle of right as the principle of legality. The given principle has not been perceived as an indisputable value. On the contrary, contempt has been formed for decades, as has been resistance to law, legal culture, observance of legal norms, and a disbelief in the effectivity of defense of one’s own rights. In connection of this the question of the mechanism of the defense of copyright and the effectivity of its defense in Russia in the context of world experience becomes dominant.

Keywords: copyright, protection of copyright, mass media, productions of movies and television, implementation of international norms, Constitutional Court of the Russian Federation, European Court for Human Rights, European Court for Justice