scholarly journals Protection of Intellectual Property Rights in the Field of Television and the Internet. The Notion of Teleformat

2021 ◽  
Vol 10 (1) ◽  
pp. 1-25
Author(s):  
Ulianova Halyna ◽  
Nataliia Baadzhy ◽  
Oleksii Podoliev ◽  
Denys Vlasiuk ◽  
Hanna Chumachenko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Legal Regulation ◽  
The Internet ◽  
Existing Problems ◽  
International Broadcasting ◽  
Television Broadcasting ◽  
Broadcasting Regulation

The article is devoted to the main issues of protection of intellectual property rights in the field of television and the internet, related to the spread of piracy in the field of copyright and related rights, and to the unlicensed copying of television broadcasts. Moreover, there is an emphasis on the exacerbation of existing problems in the context of the Covid-19 pandemic and how this affected the industry. This research considers international and national legislation in the field of intellectual law, international experience of various countries, approaches to theory, and problems of implementing existing measures, in order to propose some options for optimizing existing mechanisms. The research methodology use the following methods: formal-legal, historical-legal, comparative analysis, and modeling. The main issues under consideration are the following ones: international broadcasting regulation, the problem of uniform terminology, and prospects for the legal regulation of copyright in television broadcasting. The authors defend the uncompromising protection of intellectual property, highlighting the lack of basic definitions, to propose their own definitions, in order to avoid the weak copyright protection of television broadcasting organizations.

Promising avenues of the Russian Federation participation in the international cooperation in the sphere of copyright protection

2020 ◽  
Vol 2020 (3) ◽  
pp. 73-79
Author(s):  
Ekaterina Abakumova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
International Cooperation ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Data Transfer ◽  
Legal Regulation ◽  
The Internet ◽  
Global Trend ◽  
Starting Point

The article is devoted to the study of issues of international legal regulation of relations in the sphere of copyright protection. First of all, the author’s attention is drawn to the increasing global trend towards synchronization of national regimes of protection of intellectual property rights, the starting point of which was made in the XIXth century with the adoption of the Berne Convention. The escalation of the problem in question is related to the Internet possibilities of instant data transfer to multiple remote users that leads to speed and a great scale of intellectual property results sharing. The author gives undeniable arguments that the search for solution of the problem of illegal use of works on the Internet will be a determining factor for the consolidation of the world community with the subsequent unification of legal regulation of cross-border copyright relations. The promising avenues of international cooperation in the examined field are the following: 1) creation of a global registry of Internet sites, access to which should be restricted because of intellectual property rights violations; 2) creation of a unified international database of copyright and related rights

scholarly journals Peculiarities of Some Author’s Rights Realization

1970 ◽  
pp. 242-248
Author(s):  
Sergii Petriaiev ◽  
Natalya Kogut
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Video Clip ◽  
Legal Regulation ◽  
Fine Art ◽  
The Internet ◽  
Sale Price ◽  
The Right ◽  
Death Of The Author

The most complicated in its realization material and personnel author’s rights are investigated in the article. The authors pay special attention to the next intellectual property rights: defense of the honor, dignity and goodwill of the author; inviolability of the composition; follow right; right of remuneration (royalty) for the commercial usage of the composition. The right of inviolability of the composition is a non-material right of intellectual property according to Ukrainian legislation but as an exception may be defended by other persons which are not subject of this right. On the contrary with the right of inviolability the right to change composition is a kind of material right of the author, which may be inherited. But changes into authors composition without his agree may break authors right on the honor and dignity which nevertheless exist during the lifetime of the author. Personnel non-material rights are valid during one’s lifetime on the contrary to the personnel rights of intellectual property. Thus, it is worth to provide that right to change composition after the death of the author other than translation or adoption as non-transferring material right of the author.   Follow right is the inalienable author’s right for 5 % from the sale price of the original artistic composition. Civil code of Ukraine doesn’t reveal to which kinds of artistic compositions may be applied follow right except for fine art compositions. It is told about works of fiction but it doesn’t allow to distinguish which objects should be excluded from the follow right. Logic position and international practice show that architectural objects and objects of folk arts are not amongst those, which may be used follow right for. Right of remuneration (royalty) for the commercial usage of the composition is weakly regulated. The main trouble that on the contrary with many other countries Ukrainian legislation doesn’t anticipate an obliged payments for commercial usage of compositions to persons who owns a material intellectual property rights. Besides, the exceptional list of free cases of compositions using contains also kinds of using which may anticipate commercial aspects. Especially it’s relevant to parodies, potpourri and caricatures. Using in such way changed compositions as a rule gives some commercial benefit or profit from advertising in the Internet whilst video clip. Also such kinds of composition’s changes may break the author’s right on honor, dignity and goodwill as well as an inviolability of the composition. The authors propose to define strictly the amount of repeat in the literature and musical compositions, which will be recognized as plagiarism. Besides, legal relations between the authors and publishers and possible ways of legal regulation of their material rights division are investigated in the article.

scholarly journals Protection of intellectual property rights on the Internet: new challenges

2021 ◽  
Vol 10 (41) ◽  
pp. 224-236
Author(s):  
Olesia Kharchenko ◽  
Olha Kronda ◽  
Inha Kryvosheyina ◽  
Kostiantyn Zerov
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Comparison Method ◽  
The Internet ◽  
Axiomatic Method ◽  
Historical Method ◽  
Steady Growth ◽  
Observation Method

Given the steady growth in demand for Internet resources (due to specific benefits for users) a significant issue is the governing regulation of relations that develop during the interaction of subjects of legal relations on this sphere. Intellectual property law expands the scope of regulation of legal relations via the Internet. In this regard, there is an essential need for a comprehensive study of theoretical and practical aspects of the protection of intellectual property rights on the Internet. During the study, a number of general scientific methods were used: method of observation, method of comparison, method of experiment, method of convergence from abstract to concrete, method of formalization, axiomatic method, method of analysis, and historical method. As a result of the study, the peculiarities of legal regulation of relations arising in the process of using objects of intellectual property rights on the Internet, which are caused by the difficulty in identifying the infringer of intellectual property rights, determining the place of the crime, the speed of spread of intellectual property on the Internet, low level of legal culture of the population. The ways to improve the system of protection of intellectual property rights on the Internet are the following were suggested.

scholarly journals Intellectual property law in the field of sports: specifics of manifestations and features of legal regulation

2021 ◽  
Vol 39 (69) ◽  
pp. 530-546
Author(s):  
Evgen Kharytonov ◽  
Olena Kharytonova ◽  
Maxym Tkalych ◽  
Inna Bolokan ◽  
Hanna Samilo ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Property Law ◽  
Sports Law ◽  
Intellectual Property Law ◽  
Legal Method ◽  
Wide Range

The article aims to explore the relationships that arise with respect to intellectual property rights in sports. The objectives of the article are to establish points of contact between intellectual property law and sports, as well as a detailed analysis of relevant public relations in terms of intellectual property law and sports law. To achieve the objectives of the article, the authors used a number of scientific methods, among which the main methods are analysis, synthesis and comparative-legal method. The authors of the study concluded that modern sport is developing in close intertwining with intellectual property rights, because only in this way can a sports spectacle be conveyed to a wide range of spectators and consumers in a broad sense. In addition, the range of points of contact between intellectual property and sports law is constantly growing and such can now be called not only patents and trademarks in sports, but also copyright, "image" rights, know-how in sports and the like.

scholarly journals Peran Lembaga Manajemen Kolektif Sebagai Bentuk Perlindungan Hukum Pencipta Lagu Dan Pemilik Hak Terkait

2019 ◽  
Vol 22 (01) ◽  
pp. 37-54
Author(s):  
Elly Hernawati
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Copyright Holder ◽  
Business Climate ◽  
Management Agency ◽  
Collective Management ◽  
The Creation ◽  
The Right

Copyright is one of the Intellectual Property Rights components and should be paid attention to. Even more in technology era that developing, copyright protection needed to be enhanced, so that the right of creator, Copyright holder or owner of relevant rights can be protected and urge people to create. Indirectly, good and healthy business climate could be fostered.  Not all people have skill to create, that is why those people who have skill to create must be protected and even awarded, hoping that people urged to create. One of the creations that protected are song and music. In creating song or music, creator involve recording producer, music director or arranger. Regarding the creation, creator holds moral and economy rights, while parties involved hold the relevant rights to it. Collective Management Agency is an agency that help creator or relevant rights owner in managing and distributing the creation which is song or music that being commercialized. Yet the creator must be the member of the agency beforehand. Commercialization of a song or music by user can rise problem. Protection to the song or music is for the whole thing, including lyric, notation, arrangement and song title. The utilization of a song or music should be still protecting the parties that hold the copyright and the relevant right to it.

scholarly journals Protection of Intellectual Property Rights in Ukraine in the Light of European Integration Processes

2020 ◽  
Vol 13 (3) ◽  
pp. 203
Author(s):  
Andrii Neugodnikov ◽  
Tetiana Barsukova ◽  
Roman Kharytonov
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
European Integration ◽  
Intellectual Property Rights ◽  
General Public ◽  
Legal Regulation ◽  
Foreign Countries ◽  
Lesser General Public License ◽  
General Public License

The article provides an assessment of the state of legislation of Ukraine on the protection of intellectual property at the present stage. The most important problematic aspects and prospects of improving the legal regulation of intellectual property protection on the way to European integration are described in detail. The experience of foreign countries in ensuring the protection of intellectual property is analyzed. Particular attention is paid to the features of computer program protection, which is especially relevant nowadays. Features of the use of license agreements by the owner of computer programs, namely BSD License, Apache License, GNU General Public License, GNU Lesser General Public License, were analyzed. The conclusion is drawn that a system of continuous analysis of decisions made by European countries in the field of intellectual property law, as well as on issues related to general state policy on the administration of intellectual property, in order to implement developed approaches to legislation and law enforcement practice, could improve the protection of intellectual property rights in Ukraine.

USE OF COPYRIGHT PROTECTED WORKS IN THE EDUCATIONAL PROCESS

2019 ◽  
Vol 1 ◽  
pp. 607
Author(s):  
Liene Vindele ◽  
Renāte Cāne
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
Scientific Research ◽  
Research Process ◽  
Legal Framework ◽  
Educational Process ◽  
Step Test ◽  
Legal Norms

Copyright is one of the intellectual property rights whose main activity is to promote creativity and protect the ownership of the author. However, these rights are not absolute and are subject to certain restrictions.In the Berne Convention, Agreement on Trade-Related Aspects of Intellectual Property Rights and also WIPO Copyright Treaty embodied so-called “three-step test” allowing exceptions to copyright protection. They state that exceptions to copyright protection are admissible only in specific cases; if they comply with the rules of normal exploitation of the author's work; and do not unreasonably prejudice the legitimate rights of the author.While respecting the restrictions contained in international conventions, the Latvian Copyright Law also lays down various restrictions, when the author's work can be used without a special permit for the use of the author's work or for free, such as in the educational or research process. The free use of copyright-protected materials constitutes a restriction on the economic rights of copyright holders. These restrictions aim to strike a balance between the rights of the author and the interests of the public. Although copyright-protected works can be used in education almost everywhere in the world, restrictions on the exercise of these rights have not been clearly established.The aim of this paper is to research limits use of copyright-protected works in the educational process. Basis for this analysis will be the international and national legal framework about copyright exceptions in educational process.In the development of the research used an analytical method of scientific research, as well as a method of interpreting grammatical, teleological and historical legal norms. For the conclusions used inductive and deductive method of scientific research. 

scholarly journals LEGAL ASPECTS OF EXISTENCE OF INTELLECTUAL PROPERTY IN THE INTERNET

2020 ◽  
pp. 70-80
Author(s):  
O.V. Boychenko ◽  
O.Yu. Smirnova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Legal Aspects ◽  
The Internet ◽  
Legislative Process ◽  
The Russian Federation ◽  
The Government ◽  
Protecting Intellectual Property

The article considers the legal aspects of the existence of intellectual property on the Internet. The main regulatory documents governing the relationship between the use of intellectual property on the Internet are analyzed, such as: the WIPO international convention, the Civil Code of the Russian Federation, part 4; Decree of the Government of the Russian Federation of 09.02.2012; The latest edition of the Constitution of the Russian Federation. In the form of a structural and didactic scheme are presented: objects of intellectual property, means of individualization; an algorithm for the interaction of participants in the legislative process to seize illegal content. Features of the problems of protecting intellectual property rights on the Internet, the main causes of violation of intellectual property rights and ways of protecting intellectual property are presented. The losses of various sectors of society from Internet piracy are given. The basic tools of copyright infringement on the Internet are described, as well as existing methods of confirming copyright in content.

scholarly journals Certain aspects of possible codification of legislation of intellectual property law

2021 ◽  
pp. 108-118
Author(s):  
Olena Shtefan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Public Relations ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Property Law ◽  
Intellectual Property Law ◽  
The Subject ◽  
Independent Branch

Keywords: recodification of the Civil Code of Ukraine, codification of legislation onintellectual property law, subject and method of intellectual property law The article examines the issues related to the possibility ofcodification of legislation in the field of intellectual property rights. Currently, inUkraine there is a three-tier regulation of public relations in the field of intellectualproperty law. On the one hand, the Civil Code of Ukraine, the rules of which are characterizedby a corresponding nature, terminological inconsistency with special legislation;special legislation regulating legal relations arising from the creation and use ofcertain objects of intellectual property rights; as well as the provisions of ratified internationallegal acts in this area. Such legislation does not contribute to effectiveprotection or effective protection of intellectual property rights.The updating of the Civil Code of Ukraine will not improve the situation regardingproper legislative support in this area, and may lead to new conflicts. Based on the analysis of existing approaches in legal doctrine on the possible codificationof legislation in the field of intellectual property law, it is concluded that it ispossible if the latter is separated into an independent branch of law, characterized bythe subject and method of legal regulation. The existing approach to the definition ofthe subject of regulation in the doctrine of intellectual property law coincides with thecivilized approaches and does not reflect the specifics of legal relations that characterizethe field of intellectual property. The subject of intellectual property law is notlimited to private law relations, public law is also quite common. In this regard, it isproposed to understand the subject as a legal relationship arising in connection withthe creation, use and protection of intellectual property rights. It is proved that theright of intellectual property can be separated into an independent branch of law andto codify its legislation. This will be facilitated by the interest of the state and the correspondingpolitical will to do so.

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