Abstract: The subjects of research are the peculiarities of the formation of the dualistic concept of Russian copyright, the directions of criticism of copyright, within which is given argumentation of the inconsistency of its provisions, the philosophical justification of the principle. The formal legal method, synthesis, is used. The author conducts a retrospective analysis of both the legislative framework and the legal doctrine and its discourse in the Soviet period of development, and compares it with the pre-revolutionary stage of development. Consideration of the principle of dualism in Russian copyright, as emphasized by the author, is practically not represented in modern legal doctrine, whereas due to the changing conditions of legal reality, digitalization of the environment, the emergence of new objects of copyright, etc. copyright is constantly expanding, and therefore the legal phenomena of this environment should be studied in detail and adapted to the requirements of modernity. Based on the work done, it is concluded that the principle is based on the attributive dualism of the properties of copyright objects, the ways for the further stage of research are determined - the study of the implementation of principle by considering the dualism of powers consisting of property and moral legal opportunities to carry out or require the implementation of certain actions causally based on the properties of copyright objects.

Abstract: The relevance of the conducted research is due to the presence of a number of factual contradictions between the position of the courts in considering the issues of exclusive rights to works created during the execution under the contract of copyright with the rules of law contained in the civil legislation of the Russian Federation. The proposed issues are examined from the point of view of copyright and civil law, legal acts of foreign countries, judicial practice of the Russian Federation and foreign courts. The analysis of examples from judicial practice is given as a substantiation of legislative consolidation of the principle. This article reveals the author's view of the principle of duality of intellectual property law as an independent principle of a sub-branch of civil law and its implementation in the contract of copyright. Principles of law are defined by the author as its guiding principles that define the rules of law in the system of legal regulation, its content and direction. The purpose of the study is determined by the title and content of the work: the essential characteristics of the principle of duality of intellectual property rights, including the implementation of contractual relations in the performance of the author's order are considered. The totality of general scientific, special legal methods of knowledge is used: thanks to the analysis and synthesis the approaches to the proposed topic are generalized and conclusions are made. The principle of duality of intellectual property is considered as a fundamental idea of law, neglecting the account of which entails a violation of rights and freedoms and has legal consequences. Recommendations on the legislative consolidation of the mandatory written form of the copyright contract and the contract of alienation of exclusive rights in its continuation are given.

Abstract: The relevance of the conducted research is conditioned by the absence of legislative stipulation of the procedure and criteria of evaluation of the creative contribution of co-authors in the single result of their creative activity, as well as by the inconsistency of some cited court arguments, including the impossibility to create a photograph by several authors. In fact, the legislative definition of the notion of co-authorship, given in art. 1258 of the Civil Code of Russian Federation, is not substantial and functional: it lacks the essential and distinctive features and does not reflect the essence of this phenomenon, which makes it difficult to determine the contribution of each author and to evaluate it. In this paper we explore the notion of co-authorship, both in terms of its semantic meaning and in terms of the creative process. Co-authorship is examined using the example of the creation of a photograph as an object of copyright. In fact, the subject of the study is the relationship of established co-creation in photography and exclusive rights to it. The methods of analysis, inductive and comparison with the legislation of foreign countries were used. The main attention is paid to the analysis of judicial practice in the settlement of disputes on the violation of exclusive rights to photographic images, judicial explanation concerning the co-authorship and other similar in nature relationships arising in the process of creating an intellectual creative product (photography). Conclusions are drawn on the relationship between court-established infringement of exclusive rights and the recognition of copyright, legal dualism as the relationship between exclusive and copyright in the court's recognition of co-authorship or lack thereof.