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About copyright, or how should we properly “protect the artist”?

Hello.

The topic of copyright has recently been raised more and more. This is a controversial matter. On the one hand, it is impossible without him . No way. On the other hand, not everything is so simple here and critics rightly speak of the “inhibitory” effect of copyright on the dissemination of information, and, as a result, on the general creative productivity of society, etc., there is even a separate section on this Wiki . We won’t dive into all these “jungle of questions”, but for now let’s ask only one thing: does copyright protect the author-creator in due measure (the problem of the “poor artist”), and not just the “abstract copyright holder”?

We make a reservation right away, this is not a stone in the garden of this very “abstract copyright holder” . Indeed, the customer of the work of work (the employer) also incurs significant costs for the current activities of the organization, and not all of its employees stamp masterpieces every day on which someone “profits”. Not to mention that the statement of the problem and the acceptance of work is a separate big work . However, it seems that the author does not adequately solve the problem of the proper protection of the author, who puts his mind into the matter, and there is still room for growth.

Moreover, this growth, probably, can be carried out within the framework of the current legislation, for example, using the mechanism of contracts. So, in a separate enterprise (a separate territory, in a separate research institute, a “business and technology incubator”, animation studio, etc.), one could foresee, for example, the following. For the creator of an object for which property copyright is provided, it is advisable to secure the right to a certain - very small - but inalienable percentagefrom income derived from the use of his work by the new owner of property copyright. And, perhaps, not immediately, but upon reaching a certain threshold volume of these same incomes. And, of course, if in the future the new copyright holder transfers this right to another person (and so on - an unlimited number of times), then this encumbrance will be transferred along with the exclusive right.

In the case of creating a complex official work , engineering solution, etc. it will not be so clear. But in this case, it would be possible, for example, to protect in this way the development manager and leading developers of such a solution (and not necessarily software - but, for example, leading developers of a new car model). In a similar way, this could be applied to actors (main roles), creators of cartoon characters, etc. Well, in the case of an official work, it might have been permissible to limit the term for obtaining this inalienable interest, but perhaps it would have been unnecessary.

To begin with, this approach can be applied both at individual enterprises (if it is deemed appropriate by the management) and in the work of special economic zones , territories of priority development , technology parks andbusiness and innovation incubators (in this case, part of the inalienable interest could be assigned to the territory / technology park / incubator itself), etc. In the "competition for the minds," and especially for the "mobile minds," this can play a positive role.

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