The alienation of the exclusive right in the work

[Маруся]

Сообщение от fabosch; 2559711"

seems to be correct, but here is a simple question. What is known whether a single specific example of conviction on this article for the destruction of works of art?

Well, for the destruction - not immediately give an example , but for the injury or neglect , " the monuments of history and culture" - plenty.
The question is:
To become a " monument of history and culture," a certain piece of art to go through the whole bureaucratic procedure : convened a special commission assesses long artistic merits and drawbacks, in that case, makes a special register , is proposed special resolution authority, and only after that the "product" protected by the law begins with the Art 243 of the Criminal Code .
In practice it - works of urban sculpture and architecture.

Until the adoption of relevant legislation can, as rightly observed fabosch, only talk about the moral component of the question ...

[K-Maler]

Сообщение от Marusya , 2560151"

To be a " monument of history and culture," a certain piece of art to go through the whole bureaucratic procedure : convened a special commission assesses long artistic merits and drawbacks, in that case, makes a special register , is proposed special resolution authority power, and only after that the "product" protected by law begins with the Art 243 of the Criminal Code .
In practice it - works of urban sculpture and architecture.

Copyright arises by virtue of making.
Protect their work can author, heirs or authorized by the individual. What happens in the case of architecture or urban planning or landscape garden park complexes ...
You're talking about a situation where the destruction is done secretly ( as well as any crime) ...

[Маруся]

No I'm talking about something else :
Create and protect the work of art - it 's freehold and his heirs
But the author of a work created to recognize the " historical and cultural " (key word - a monument ) and protect it with the Art 243 of the Criminal Code , this is still a priority of the state as well, and work to be considered " cultural property " within the meaning of the law on the import or export in the sense it can be remove or not

Unfortunately

[K-Maler]

Сообщение от Maroussia; 2560181"

But the author of a work created to recognize the "historical and cultural" (key word - a monument) and protect it using Article 243 of the Criminal Code is still the priority of the state as well, and the recognition of the work of the "cultural value" in the meaning of the law on the import or export within the meaning can be taken out or not

Thank you, Maroussia. About the recognition of the "monument" is clear. But the "import-export" is dark.
For example: the artists export their work style. Get the document, "the work is not a cultural value, banned for export." The customs officer can understand this in two ways: it's generally not a cultural value, and then the goods, dutiable. Even worse for re-importation: even if there copier export documents may say "you goods, paying duties or to prove that it is - a cultural value. And while you look for evidence (go back and forth and experts to carry us to the border, your the subject lie down in our store and you still pay right now. We will refund the money to you when you prove to us that it is - a cultural value. "
Meanwhile, in the law, Article 9, paragraph 1, states: "The origin and exercise of copyright is not required to register the product, other special design of the work or any formalities"
Ie in practice, if imported painting on canvas. then it should be passed without question, delay, and taxes. I want to say that this kind of CC should be automatically recognized by the CC, TC. apparently its creation as an object of copyright and hitch with documents only at export and the import - only a declaration.
Meanwhile, many discussions here on the forum revealed the fact that the customs is not clear in understanding the issue and the import is often necessary to prove directly at the customs, it's KC.

[kozhinart]

Сообщение от Maroussia

No, I'm talking about something else:
Create and protect works of art - is an absolute right of the author and his heirs
But to recognize the work created by the author, "a monument of history and culture" (key word - a monument) and defend it using the Criminal Code Article 243, it is still the priority of the state as well, and the recognition of the work of the "cultural value" within the meaning of the law on the import or export in terms of possible take out or not

Unfortunately, we are talking about different veschah.Ya would never have become a work of art or destroy secretly or covertly, and somehow I feel that fabosch too, but the law must be treated fairly and do not ascribe to and nothing obobschatbb

By law, it is difficult to apply objectively in our country, as a main part and a special part of the Criminal Code, Civil Code, and others, there are amendments of the Supreme Court, and they do not even know many lawyers. Their permanent rules. And sometimes, very often, they are almost in the sense contrary to the fundamental part. When people slozhivscheysya situation without knowing all the amendments to the law will not apply because of the lack of objective information.

[Маруся]

K-Maler,
Sorry to miss the subject, but I do not know what to add to that wrote earlier .....

Сообщение от K-Maler; 2560521"

Pro recognition of the "monument" is clear. But the "import-export" is dark.

Any work (even incomplete) - is the product with all the copyrights
Not every product is a "monument of history and culture", but can be recognized as such, in accordance with a special procedure, and therefore protected (within the meaning of Article 243 of the Criminal Code))
In the same way:
Not every product is a "cultural value", but can be recognized as such within the meaning of the import - export, and in the relevant order (in the sense you can show or not) (questions of import - export to the forum devoted an entire section and all the practical issues is better to move there).

Nowhere in the law does not say how to relate - to handle the product, which is owned by a citizen: if you want - chicken coop caulk you want - acid poured over - if you want - hang on the wall and tell your friends ...

We are here discussing copyrights and bona fide and legitimate owners.

In connection with this discussion, I was reminded of the story of an unknown artist from St. Petersburg - Eugene Rothenberg (one thousand eight hundred ninety-nine - in 1968)
"The genius of the size of a hummingbird" remained unknown to date because his sister and the only legitimate heir to methodically destroy all the work that fell into her hands

St. Petersburg participants certainly need to know more than I do ...

[DSF]

Сообщение от Maroussia

I do not know ... anything to add to what is written before .....

Not every product is a "monument of history and culture", but can be recognized as such , in accordance with a special procedure , and therefore protected ( within the meaning of Article 243 of the Criminal Code ) )
In the same way :
Not every product is a "cultural value", but can be recognized as such within the meaning of the import - export , and related purposes ( within the meaning can be derived or not )

I would add that not every canvas, shaded colors , is a " work of art " .

[Ирина Ивановна]

Сообщение от LCR; 2541881"

I would like to clarify one thing: a person who buys a work of art, in principle, can neither advance it, or publish it, if it is not received from the author /assignee of the rights.

This statement is absolutely clear to me, as the spirit and our (Russian) CC in the part devoted to copyright. But it does not have such a tough one.
And with comments like:

Сообщение от Maroussia; 2551881 '

rights of legitimate owners of the works, whether together or separately from the exclusive rights it owns the original - it is to buy and sell at will, and to whom she pleased, and also: change, bequeath, pledge or donate. All are covered by the relevant articles of the Civil Code. Article 1291 provides extra right to demonstrate at shows on your own and publish as part of its collection.

do not agree. word extra far-fetched, it is not in the law.

Whatever the opinion, that's my final practical problem story:
1) Since the buyer is one of Moscow's museums, with in-house lawyers - experts in copyright law, and they have allowed the current situation - the treaty enters into a museum is not just for the purchase of the product, and sounds like a "contract of purchase and sale of works of the owner, not their author and transmitting the exclusive rights are full. " And last (transfer of exclusive rights to the product in its entirety) is the determining factor, without which the transaction under present conditions simply can not take place.
2) The exclusive rights to the product are passed only one law is quite specific to the document, which is called a "contract of alienation of the exclusive rights", which was concluded with the author for a fee (the good author is alive and well, and his long years of life).

[K-Maler]

Сообщение от Irina ; 2605011"

" alienation contract of exclusive rights " , which was concluded with the author for a fee

That is, the owner of the product bought the item , and the author - permission to duplicate , forbidding it to others and to the author , too , or allowing , if they deem it necessary ( for anything else buying exclusive rights is not needed, just enough permissions to replicate ) .
By selling the rights , which are called " exceptional " by deprived of the opportunity to duplicate , publish, etc. independently, without asking the new owners . If he had just signed an agreement allowing the new owners to replicate without the use of the phrase " exclusive rights ", it would mean that he can, as well as the new owners to use an image from his work as he pleases .

[Маруся]

Irina,
It's great that you allowed your question!

Сообщение от Irina ; 2605011"

" contract of sale of products with by the owner, not their author, and the transfer of exclusive rights to them in full ." And last ( transfer of exclusive rights to the product in its entirety) is the determining factor , without which the transaction under present conditions simply can not take place .

Сообщение от Irina ; 2605011"

" alienation contract of exclusive rights ," and that was signed with the author for a fee ( the benefit of the author is alive and well , and his long years of life) .

The main thing is that all the contracts have been signed and you are completely satisfied with them .
Just in the subject you are not identified who you are : the owner or author ... Well, here we discuss- passing and other issues.
I hope you do not have to be offended ?