scholarly journals Features of copyright protection of some specific works of contemporary art

2021 ◽  
pp. 36-42
Author(s):  
Olha Ulitina
Keyword(s):  
Contemporary Art ◽  
Copyright Protection ◽  
Legal Status ◽  
Rapid Development ◽  
Great Influence ◽  
Legal Protection ◽  
Legal Regulation ◽  
The Internet ◽  
Modern Culture ◽  
Talented People

Ulitina O. Features of copyright protection of some specific works of contemporary art. The article is devoted to the legal protection issues of the atypical objects of copyright, which belong to modern arts. The place and role of such objects in the system of copyright objects are defined. Based on the study of doctrinal provisionson such atypical objects, their differences from traditional objects of copyright are determined. In article it is also indicated how the place of such objects in the system of contemporary art influences it.An analysis of the Ukrainian legislation and the foreign countries legislation in this area was made, and it allowed to identify such atypical objects in the system of modern art works and in the system of copyright objects.Contemporary art is interesting and complex phenomenon, which is characterized by the great influence of technology, rapid development and large profits. Today, as never before, we can say that creativity can benefit its creator, and art is becoming more accessible to anyone who wants to create something.New platforms for creativity often appear. Frequently they are free of charge, and help new authors to gain an audience and become popular. This process can be observed in almost all creative fields. That has given the impetus to the rapid development and rise of all manifestations of art.Of course, the Internet influences thisprocess the most. The Internet provides access to great opportunities for creating works and promoting them among content consumers. The Internet quickly makes talented people rich and popular, but it also quickly makes people forget about yesterday's idols.However, such processes are beneficial for the art development and modern culture strengthening. They lead to the new arts emergence and to the development of culture and creativity in general, as well as attract funds to the creative industries.This situation leads to the emergence of new atypical copyright objects, which remain outside the legal regulation, and sometimes are found on the verge of infringement of copyright and related rights.Due to the opportunities created by technological and technical development, creativity becomes more accessible, art becomes the prerogative not only of professional artists, but of ordinary talented people. This leads to the emergence of new interesting types of works, the legal status of which is sometimes quite difficult to determine. So the article is dedicated to the issues of legal regulating of this new atypical copyright objects.Key words: copyright, untypical objects, copyright protection

scholarly journals Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

scholarly journals Legal regulation of the use of technical means for copyright protection in international law

2018 ◽  
pp. 64-71
Author(s):  
A. N. Kirsanov ◽  
A. A. Popovich
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Copyright Protection ◽  
Information Technologies ◽  
Rapid Development ◽  
National Level ◽  
Legal Regulation ◽  
General Nature ◽  
Digital Information ◽  
Intellectual Activity

Introduction. The use of technical means for copyright protection is regulated not only in Russian legislation, but also in foreign and international law. It means that the international concept of intellectual property protection could be perceived differently by foreign jurisdictions, which, in turn, is of special scientific interest. The foundations of legal regulation are laid down in international treaties, which in the intellectual property law are tools that contain substantive rules of law. The provisions of such treaties are implemented in the national (supranational) legislation, and, therefore, become part of them and subject to additions.. The article is devoted to the study of international legal regulation of the use of technical means for copyright protection.Materials and methods. The methodological basis of the research consists of the following general scientific and special methods of cognition of legal phenomena and processes: dialectical, formal-legal, comparative-legal, formal-logical, structural-functional.Results of the study. The authors found that attempts to protect copyright using technology available at every stage of history were undertaken by individual countries, beginning from the second half of the 19th century. However technical means of protection received legal regulation at the international level relatively recently, the prerequisite for that was the rapid development of digital information technologies. Analysis of international legal norms in the field of legal regulation of technical means of copyright protection has shown that at present international legal regulation is of a general nature, providing each of the states at the national level with ample opportunities for legal concretization of gen-eral norms. However, recently the Internet treaties of WIPO recognized for the first time not only the advisability of the use of technical means of protection, but also the obligation prohibiting circumvention of such protection technologies, and therefore national legislations should contain provisions regulating the circumvention of such protection technologies.Discussion and Conclusions. The introduction of international law with regard to the use of the protection technologies, despite their general and abstract nature, has given a serious impetus to the establishment of legal regulation of this institution at the national level. At the same time, the rules governing the use of the protection technologies in the near future will require greater unification and concretization due to the rapid development of digital information technologies, blurring the borders between states in terms of disseminating the results of intellectual activity, and also in order to avoid a multiplicity of interpretation of law and to ensure effective legal regulation and protection of copyright.

scholarly journals Regulatory Issues of Digital Currencies

2020 ◽  
pp. 10-17
Author(s):  
Chen Zhu ◽  
Zixuan Fu
Keyword(s):  
Legal Status ◽  
Rapid Development ◽  
The Internet ◽  
Electronic Payment ◽  
Regulatory Issues ◽  
Digital Currency ◽  
The World ◽  
Block Chain ◽  
Regulatory Measure

With the rapid development of the Internet and electronic payment, digital currencies with blockchain as the underlying technology have gradually entered people's horizons and have also received the attention of governments around the world. Due to the convenience and decentralization of digital currency transactions that are not limited by time and region, it has a significant impact on traditional commercial systems around the world, and its core block chain technology may trigger changes in many areas. At present, different countries have different views on the legal status of bitcoin digital currencies, but digital currencies circulate across borders and regions. Once problems arise, it is difficult to have a unified regulatory measure to deal with them.

scholarly journals INTERNATIONAL HUMAN RIGHTS PROTECTION ON THE INTERNET

2020 ◽  
Vol 10 (86) ◽  
Author(s):  
Valentyna Babiichuk ◽  
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Main Idea ◽  
Personal Data ◽  
Legal Protection ◽  
Legal Regulation ◽  
The Internet ◽  
Private International Law ◽  
Human Rights Protection ◽  
Social Settings

The research has been done on the international legal protection of rights and freedoms of Internet users in the context of the rapid grow and development of information and telecommunication technologies, global spread of Internet coverage and extraordinary availability of IT resources. The article demonstrates and analyses precedents of human rights abuses and violations in cyberspace, covers international and national legal instruments countering them, highlights potential methods of human rights and security, examines Internet safety concerning privacy and phenomenon of the overall transformation of private international law in accordance with challenges of the day. Numerous possible measures to protect personal data in cyberspace are listed as well as shortcomings of modern legal regulation in the area of human rights, violations on the Internet, which allow certain private actors to dodge the law. The author reviewed and summarized the main international and national legal acts in the field of human cybersecurity and the general content of it, documents of international organizations, regulating some aspects of cybersecurity were examined as well as some aspects of privacy in social settings and Internet platforms. The article also emphasizes that the comprehensive study of Internet challenges will always be a topical issue, for reasons that innovation and progress are on the rise, and the world faces more and more new and emerging challenges every day. Scientists and lawyers do not have the time and physical ability to analyze and research a great deal of information. They are failing to propose solutions to existing problems and to adapt legal systems to daily changes. The article also has taken note that the accessibility of the Internet could possibly jeopardize democracy. The main idea of research and the key thesis of the article is international and public methods to protect human rights on the cyberspace and also themself protection of users. The author has demonstrated how essential in our on-line work and Internet using safety is. In addition, the author showed how easy our private information could be about to the risk of identity theft and described well-known precedent of such cases.

scholarly journals Research on Copyright Protection of Computer Games

2020 ◽  
Vol 218 ◽  
pp. 04020
Author(s):  
Xiang Hua Deng ◽  
Dan Liu
Keyword(s):  
Computer Games ◽  
Copyright Protection ◽  
Legal Status ◽  
Computer Game ◽  
Protection System ◽  
The Internet ◽  
Internet Economy ◽  
Live Broadcast ◽  
Common Problems

With the development of the Internet economy, computer games have developed rapidly in recent years. At the same time, with the increasing prosperity of computer games, many infringement problems have also arisen. The concept and classification of computer games and computer game live broadcasts, as well as computer game screens and computer game live broadcasts need to be distinguished. The article lists common problems in the computer game live broadcast industry, which are mainly manifested in the unclear copyright identification and attribution of computer game live broadcasts, and the unclear legal status of the relevant subjects in the computer game live broadcast. It is concluded that whether the computer game live broadcast is a work needs to be specifically defined in conjunction with the live broadcast content. And further put forward suggestions to improve my country’s related protection system of computer game copyright, and promote the development of computer game live broadcast industry.

scholarly journals State and Prospects of Using the Сryptocurrency Derivatives

2020 ◽  
pp. 60-65
Author(s):  
Oleksandr Petruk ◽  
◽  
Oksana Novak ◽  
Keyword(s):  
Legal Status ◽  
Rapid Development ◽  
Developed Countries ◽  
Legal Framework ◽  
Legal Regulation ◽  
Intangible Asset ◽  
Financial Instruments ◽  
Spot Prices ◽  
Domestic Legislation ◽  
Futures And Options

The emergence and rapid development of the cryptocurrency market necessitated its organization and legal regulation. Today in Ukraine, businesses are allowed to record cryptocurrency as a financial asset (financial instrument / intangible asset), so cryptocurrency can be used by businesses and individuals as an investment. In developed countries, where the legal framework for the operation of cryptocurrencies has been created, new derivative financial instruments are emerging: Bitcoin futures and options on Bitcoin futures. The purpose of the article is to study the features of derivative financial instruments for cryptocurrencies and prospects for their use in Ukraine. The authors analyzed the peculiarities of the functioning of Bitcoin derivatives on Chicago Mercantile Exchange (CME). It has been established that both Bitcoin futures and options on Bitcoin futures are settlement contracts without the actual delivery of the underlying asset, and their value is formed depending on the spot prices for bitcoin. According to the results of the study, it can be argued that derivatives based on cryptocurrencies (bitcoin) are used mainly for speculative purposes, are highly volatile and high risk, require significant investment to participate in trading (compared to derivatives on traditional financial instruments) and do not involve any transactions with direct cryptocurrencies. Domestic legislation does not explicitly prohibit investments in cryptocurrencies and financial instruments derived from them, but does not determine the legal status of cryptocurrencies. National financial market regulators do not provide any guidance on valuation, accounting and cryptocurrency transactions to businesses, but only warn of the high risks of investing in cryptocurrencies.

scholarly journals PROBLEMS OF CIVIL LEGAL PROTECTION AND DEFENSE OF BUSINESS REPUTATION OF A LEGAL ENTITY IN UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 33-38
Author(s):  
Olha Bondarenko ◽  
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Scientific Study ◽  
The Internet ◽  
The European Union ◽  
Legal Entity ◽  
The Law ◽  
Business Entities ◽  
Legal Entities

The article considers topical issues related to civil law protection and protection of the business reputation of a legal entity in Ukraine. The right to business reputation belongs to a special group of civil relations, which requires scientific study and analysis, given that there is still no legislative enshrinement of the concept of business reputation of a legal entity in the Civil Code of Ukraine. And in the time of constant socio-economic development, the relevance of the definition and legal regulation of civil relations in the field of business reputation of legal entities is significant and important because business reputation is a certain assessment of the legal entity, based on conclusions about business qualities and moral personality, which are closely related to the activities of the business entity and their compliance with the requirements of the law and the proper performance of contractual obligations to partners. The purpose of the article is to analyze, compare and study the foreign experience of the European Union to determine the optimal concept of business reputation, and provide suggestions on how to solve existing problems of protection of business reputation in violation of the Internet in our country. During the study of the issue, the basic concepts of business reputation contained in the regulations of Ukraine were analyzed. It is established that the civil legislation does not contain a definition of the term «business reputation of a legal entity», which in turn complicates the process of legal protection and protection of the business reputation of business entities. Equally important is the issue of protection against damage to business reputation on the Internet, which now affects almost every aspect of modern society. Protecting business reputation on the Internet is significantly complicated by the lag in the development of Ukrainian legislation from the realities of information technology development. If there are more or less clear ways to protect the infringed personal non-property right in traditional print media, television, then there is virtually no special regulation of relations and protection of the law on the Internet. In conclusion, we note that at the legislative level, namely in the Civil Code of Ukraine there is no legal regulation of protection and protection against violations of the business reputation of legal entities on the Internet. The problem of implementing the mechanism of protection of business reputation of a legal entity in the courts of Ukraine is relevant and unresolved and as a result requires further scientific study.

scholarly journals Regulation of beekeeping as a vector of green economy’s institutional development

2021 ◽  
Vol 937 (3) ◽  
pp. 032120
Author(s):  
T Skvortsova ◽  
T Epifanova ◽  
T Pasikova ◽  
N Shatveryan
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Institutional Development ◽  
Legal Regulation ◽  
State Regulation ◽  
Green Economy ◽  
Legal Norms ◽  
Legal Method ◽  
Logical Method ◽  
Cis Countries

Abstract The purpose of the article is to study the aspects of beekeeping regulation as a vector as a vector of green economy’s institutional development. To achieve the objectives indicated, the authors analyze the legal status of bees as objects of legal regulation and legal protection; the beekeeping activity and the legal status of beekeepers and their associations; the issues of state regulation of beekeeping activities. In the course of the study the authors applied the systemic and structural-functional methods of scientific knowledge, the comparative legal method, the method of interpreting legal norms, as well as the logical method. As a result of the study, conclusions were drawn about the need to improve the regulation of beekeeping activities both by the norms of the national legislation of Russia and at the level of the CIS countries. A coordinated state policy to support beekeeping activities within the CIS could significantly affect the development of beekeeping in the CIS countries. In this regard, the proposed measures to improve the legal regulation of beekeeping in Russia and to create mechanisms for state support of beekeeping in the CIS countries are proposed as a vector of institutional development of the green economy.

scholarly journals The Moral and Legal Status of Artificial Intelligence (Present Dilemmas and Future Challenges)

2021 ◽  
Vol 1 (1) ◽  
pp. 29-36
Author(s):  
Igor Milinkovic
Keyword(s):  
Artificial Intelligence ◽  
Moral Status ◽  
Legal Status ◽  
Rapid Development ◽  
Legal Regulation ◽  
Human Beings ◽  
Autonomous Action ◽  
Legal Personhood ◽  
Legal Subjectivity ◽  
Future Challenges

Abstract The rapid development of artificial intelligence (AI) systems raises dilemmas regarding their moral and legal status. Can artificial intelligence possess moral status (significance)? And under what conditions? Can one speak of the dignity of artificial intelligence as the basis of its moral status? According to some authors, if there are entities who have the capacities on which the dignity of human beings is based, they would also possess intrinsic dignity. If dignity is not an exclusive feature of human beings, such status also could be recognised by artificial intelligence entities. The first part of the paper deals with the problem of moral status of artificial intelligence and the conditions that must be fulfilled for such a status to be recognised. A precondition for the existence of moral status of artificial intelligence is its ability to make autonomous decisions. This part of the paper considers whether developing autonomous AI is justified, or, as some authors suggest, the creation of AI agents capable of autonomous action should be avoided. The recognition of the moral status of artificial intelligence would reflect on its legal status. The second part of the paper deals with the question of justifiability of ascribing legal personhood to the AI agents. Under what conditions would recognition of legal personhood by the artificial intelligence be justified and should its legal subjectivity be recognised in full scope or only partially (by ascribing to the AI agents a “halfway-status,” as some authors suggest)? The current state of the legal regulation of artificial intelligence will be observed as well.

LEGAL PROBLEMS AND FEATURES OF COPYRIGHT PROTECTION IN INTERNATIONAL PRIVATE LAW

2018 ◽  
Author(s):  
Oleksandr Radchuk ◽  
◽  
Anna Plotnikova ◽  
Kateryna Dubyna ◽  
◽  
...  
Keyword(s):  
Intellectual Property ◽  
Copyright Protection ◽  
The United States ◽  
Legal Regulation ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private Law ◽  
Legal Problems ◽  
International Private Law ◽  
Artistic Works

The article is devoted to the study of legal problems and features of copyright protection as an institution of intellectual property in international private law. The work briefly describes the history of the formation of the protection of intellectual property rights in international private law. It is found out that it begins in the 19th century. The process of the emergence of the World Intellectual Property Organization, which plays a key role in coordinating the adoption of measures for international cooperation in the field of copyright protection, has been outlined. The article analyzes the positions of the Berne Convention for the Protection of Literary and Artistic Works of 1886 regarding the objects of protected copyright and the Berlin Conference of 1908, during which new provisions were established, such as the term of copyright protection, clear definitions of the concepts of literary and artistic works, etc. The results of the 1967 Stockholm Conference were investigated, in particular about the recognition of the “author’s right to reproduce”, the principle of protecting the personal rights of the author, etc. The difference between the Berne and Geneva conventions is clarified. It is stated that there are two forms of copyright protection: jurisdictional and non-jurisdictional. Within the framework of the jurisdictional form, the essence of the general and special protection procedures is determined. The key rules for resolving conflict issues of regulation of the institution of copyright have been determined. Among them are the rules for recognizing decisions of foreign courts, provisions on the application of law to contractual obligations, etc. The types of copyright infringements on the Internet have been highlighted. Measures to combat copyright infringement on the Internet at the legislative level are considered using the example of France and the United States. The methods of copyright protection on the Internet identified by scientists have been analyzed: limited functionality, the establishment of a kind of «timer”, the use of services of clearing centers, the use of cryptographic envelopes, the use of digital stamps. It is proposed to create an international regulatory framework that would regulate the protection of copyright on the Internet, as well as contain mechanisms for both preventive protection of copyright and protection after the infringement, and their legal regulation.

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