On behalf of the Russian Federation
of June 16, 2022 No. 25-P
On the case of check of constitutionality of Item 3 of Article 1260 of the Civil code of the Russian Federation in connection with the claim of the citizen A. E. Mamichev
Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges K. V. Aranovsky, G. A. Gadzhiyev, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov,
being guided by Article 125 (the part Item "and" 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",
considered in meeting without carrying out hearing case on check of constitutionality of Item 3 of Article 1260 of Civil Code of the Russian Federation.
Reason for consideration of the case was the claim of the citizen A. E. Mamichev. The basis to consideration of the case was the found uncertainty in question of whether there corresponds to the Constitution of the Russian Federation the legislative provision disputed by the applicant.
Having heard the message of the judge-speaker A. N. Kokotov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to Item 3 of Article 1260 of Civil Code of the Russian Federation the translator, the originator or other author of the derivative or compound work performs the copyright on condition of observance of the rights of authors of the works used for creation of the derivative or compound work.
1.1. The applicant on this case citizen A. E. Mamichev took a legal action with number of requirements to Intervim LLC (the former employer of the claimant) and the Viam Softvare Group Gmbh companies, including about recognition behind it of copyright, the author's right addressed to and exclusive right on the program for the electronic computer (computer program) "eLearning Metadata Manager" (further also - "eMM"), recognition by violation of removal of information on copyright of A. E. Mamichev from the specified program, collection of compensation for violation of exclusive right. In reasons for the claim the applicant referred to what defendants without its consent and without specifying of authorship use, extend and copy the computer program of "eMM" which author he is. The controversial program was characterized by A. E. Mamichev as management system educational content.
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