scholarly journals Work of collaboration in the creation of literary works under the legislation of Ukraine and France

2021 ◽  
pp. 24-30
Author(s):  
Yuliia Kedia
Keyword(s):  
Comparative Analysis ◽  
Intellectual Property ◽  
Literary Work ◽  
Legal Regulation ◽  
Copyright Law ◽  
Joint Work ◽  
Literary Works ◽  
Collective Work ◽  
The Creation ◽  
Definition Of

Kedya Y. Work of collaboration in the creation of literary works under the legislation of Ukraine and France. This article highlights particular legal frameworks, definition and practice of applicability of co-authorship (works done in collaboration) by publishers and co-authors. In addition, we will cover the differences between the co-authorship upon creation of a work and collective works. The analysis is based, inter alia, on comparison of French Ukrainian laws, thus, giving an opportunityto crystalize particular shortcomings and advantages of set forth by Ukrainian laws related to above matters.The research formulates a comprehensive overview of the defining and basic rulesof co-authorship, comparative analysis of (a) collective works with (b) works of collaboration,as well as analysis of shortcomings and advantages set forth by Ukrainianlaws. The author reviews and analyzes main provisions in Ukrainian legislation, suggestspossible solutions of the main problems, deliberates ways of laws developmentin future. The paper is based on author’s professional experience.Main conclusions of comparative analysis of legal regulation definition of co-authorship definition in Ukraine and France are as follows: •According to Intellectual Property Code of France only physical persons may be considered co-authors, including literary works. At the same time, Ukrainian law is silent on this matter. It must be noted that according to the Law of Ukraine «On Copyright and Related Rights» (the «Copyright Law»), co-authors are persons whose joint work creates a literary work. At the same time, the definition given to the author by said law limits creative participation to physical person;•The Copyright Law defines the concept and set forth the pre-conditions for co-authorship. However, unlike the French Code of Intellectual Property (Article L113-2), no due attention has been paid to the concept of a collective work. The authors believe that it is advisable to supplement Article 19 of the Copyright Law by (i) the definition of a collective work and (ii) to distinguish between the concepts of a composite work and a collective work;•It is necessary to harmonize the conclusion of an agreement between co-authors in the Civil Code of Ukraine and the Copyright Law;•Research uncovered certain flaws in the conclusion of agreements between co-authorson creation of a collective work;•Examining the Intellectual Property Code of France was helpful for finding the difference between collective works and co-authorship of a particular work.Key words: work of collaboration, composite work, collective work, copyright, intellectual rights, literary work

scholarly journals INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)

2017 ◽  
Vol 3 (4) ◽  
pp. 93-98
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Regulation ◽  
Copyright Law ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private International Law ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.

scholarly journals Imagology of Iranians in One Thousand Nights and One Night

2016 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Ehsan Ghabool ◽  
Mina Ravansalar
Keyword(s):  
Comparative Literature ◽  
Literary Work ◽  
Real Image ◽  
Economic Prosperity ◽  
Literary Works ◽  
Arabic Translation ◽  
The Real ◽  
Similarities And Differences ◽  
Definition Of

Imagology is a branch of comparative literature which explores the image of one nation in the literature of another nation. One Thousand Nights and One Night is among the important books which can show the image of different nations and people such as Indians, Iranians and Arabs. Since the oldest version of the book is in Arabic, it is considered an Arabic literary work though it was translated from a Persian tale in the first place. On this basis the study of the image of Iranians in One Thousand Nights and One Night can be included under the definition of imagology. In this article, first we explain, analyze and study the image of Iranians in the book One Thousand Nights and One Night with respect to 1. anthropology (including entertainments, personification of animals, disapprobation of lies and betrayal of spouses), 2. religious and mythical beliefs (including the belief in daevas and jinnis, magic, fire-worshipping and similar plots), 3. politics (emphasizing the position of vizier and his family in government), 4. economics (emphasizing economic prosperity), then we will compare the collected information with the image of Iranians in credited works and in this way we will identify the similarities and differences of Iranians’ image in One Thousand Nights and One Night and the above-said literary works. Finally we come to this conclusion that the similarities belong to the real image of Iranians in the pre-Islamic days and that differences show the image of post-Islamic Iran which is added through Arabic translation.

scholarly journals Legal regulation of advertising agencies in the context of intellectual property law

2021 ◽  
pp. 5-10
Author(s):  
Nadiia Fedorova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Legal Regulation ◽  
Practical Aspect ◽  
Advertising Agencies ◽  
Advertising Agency ◽  
Professional Business ◽  
The Creation ◽  
Business Entities ◽  
The Right

Keywords: advertising, legal regulation, subjects of advertising activity, consumerrights, advertising legislation, hidden advertising, comparative advertising The main prerequisite for the rationalization of advertisingactivities in all its scale is the methodological and planned preparation of advertisingmessages and their correct use at all stages of the advertising process. Advertisingagencies play an important role in being qualified coordinators between trade(distribution) and marketing, for the benefit of consumers.The specificity of legal relations arising in connection with the creation and distributionof advertising is associated with the fact that their subjects on the part ofadvertising producers are mainly professional business entities, which concludeagreements on the creation of advertising with their customers. Relationships betweenadvertising creators and advertising agencies are mainly built based onorder agreements for the creation and use of objects of intellectual property rightsor labour contracts. In this case, the author retains non-property intellectual propertyrights, while property rights in most cases pass to the advertising agency oradvertising customer.So, the author retains non-property rights, and, unfortunately, they, as a rule, areunimplemented properly in relations arising from the creation and distribution of advertising.Undoubtedly, we are talking about the right to a name. As a rule, advertisementsdon’t include their creators' name, regardless of how they are distributed.However, this doesn’t mean that the rights of the advertising author. or the rights ofthe advertisement constituent elements author may be violated. The legislation notesthe possibility not to indicate the name of the author with his consent or at his request.According to Law of Ukraine “Copyright and Related Rights”, the author has apersonal non-property right to demand recognition of his authorship by properly indicatingthe author's name on the work and its copies of any public use of the work, certainly,if it’s possible. However, the purpose of advertising is to disseminate informationabout a product or service and not about its author. For the practical aspect ofthis situation, it’s usually indicated that the producer is an advertising agency, notthe individual authors of the content.

scholarly journals Iconography and Artificial Features of Unknown Memory of the Decorative Art of the End of the XVIII – the Beginning of XIX Centuries

2019 ◽  
pp. 133-138
Author(s):  
V. Mazur
Keyword(s):  
Comparative Analysis ◽  
Decorative Art ◽  
Geographic Boundaries ◽  
Central Elements ◽  
The Creation ◽  
Definition Of ◽  
The Individual

The article deals with the iconographic and artistic features of an unknown monument of decorative art of the late XVIII – early XIX centuries. The central elements of the Analogion's design and carving are researched. The publication highlights the main features of the individual handwriting of an unknown master of the painter who was the author of images of the figures of the saints placed on the Analogion. On the basis of the comparative analysis, an attempt to outline the chronological and probable geographic boundaries of the creation of a monument was made, the definition of which is complicated by the mobility of the memorial.

scholarly journals Droit de Suite – The Artists’ Resale Right

2012 ◽  
pp. 71-75
Author(s):  
Anthony O’Dwyer
Keyword(s):  
Intellectual Property ◽  
English Translation ◽  
Copyright Law ◽  
Property Law ◽  
Future Success ◽  
Traditional Sense ◽  
First Sale ◽  
Definition Of ◽  
The Right ◽  
Droit De Suite

This article looks at the droit de suite, which is a legally recognised right that forms part of copyright law and more widely, intellectual property law. The article reviews the present restrictive application of the law, analyses the definition of the “artist” and discusses the merit of a wider interpretation and application of the droit de suite. The English translation of droit de suite literally means the ‘right to follow’ and, in the context of the artists’ resale right, it allows artists to follow the future success of their artistic works. This future success involves an economic entitlement that the artist may participate in. In practical terms this means that, after the first sale of the artistic work, every subsequent public sale, for instance through a dealer or a gallery, is subject to a sort of royalty. Royalties in the traditional sense entitle various types of artistic creators, such as ...

scholarly journals HISTORICAL EXPERIENCE OF INTELLECTUAL PROPERTY REGULATION IN GALICIA AS A PART OF AUSTRIA AND AUSTRO-HUNGARY (1772–1918)

2021 ◽  
Vol 77 (4) ◽  
pp. 23-29
Author(s):  
Ihor Boiko ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Legal Regulation ◽  
Civil Code ◽  
Industrial Property ◽  
Historical Experience ◽  
Definition Of ◽  
The Right ◽  
First Time ◽  
Right Of Reproduction

The article analyzes the features of the legal regulation of intellectual property in Ukraine, in particular in the Ukrainian lands of Austria and Austria-Hungary (1772-1918). The author shows that the main source of legal regulation of civil relations, in particular intellectual property, in Galicia as part of Austria and Austria-Hungary (1772–1918) was the Austrian Civil Code of 1811. Property rights under the Austrian Civil Code of 1811 were the right of ownership, the right of possession, the right to pledge, and easements. The author highlights that things were divided into corporeal, disembodied, movable and immovable, used and unused, with price and without price. The bodily things were those perceived by the sense organs. Disembodied things included, first of all, property rights - the right to fish, hunt, and so on. It is shown that in the Austrian Empire for the first time the provisions on the legal regulation of intellectual property were provided for in the Civil Code of 1811 (Articles 1164‒1170). The author shows that the Austrian legal acts of 1846 for the first time regulated the free use of works, including the right of translation, citation. According to the law of 1846, the artist had to reserve the right of reproduction and exercise it for 2 years under the threat of losing his rights. It is emphasized that the presence of Western Ukrainian lands in the Austro-Hungarian monarchy, in comparison with the previous period of the Commonwealth, contributed to the spiritual progress of the Ukrainian nation, intensified cultural and artistic processes in Ukrainian lands. The author reveals that an important and new normative act in the field of intellectual property regulation was the Austrian Copyright Act for works of literature, art and photography, adopted on December 26, 1895. Attention is focused on the fact that the development of industrial property rights was carried out under the influence of economic development, which in the western Ukrainian lands as part of Austria was slower than in the economically developed regions of Austria, and thus - Austria-Hungary. It is concluded that the development of legal regulation of intellectual property in Galicia as part of Austria and Austria-Hungary (1772-1918) formed a certain experience, which was characterized by the specification of objects, subjects, the definition of intellectual property, the consolidation of copyright and their defense in court.

scholarly journals Prospects for the development of legal regulation of the crypto currency market in Russia

E-Management ◽  
2020 ◽  
Vol 2 (4) ◽  
pp. 11-21 ◽  
Author(s):  
O. I. Larina
Keyword(s):  
Comparative Analysis ◽  
Legal Regulation ◽  
Regulation Mechanism ◽  
Financial Assets ◽  
Technological Changes ◽  
Legal Norms ◽  
Systemic Risks ◽  
Crypto Currency ◽  
Definition Of ◽  
Near Future

An accomplished fact is the development of the cryptocurrency market, including in Russia. At the same time, the Russian legal regulation mechanism has not yet been formed, and the existing draft law on the circulation of digital financial assets has not yet been agreed. Growing demand for cryptocurrencies from investors carries systemic risks, as well as threats of using digital financial assets for illegal purposes. In this regard, regulators in different countries are forced to take measures to legislate the circulation of such assets. At the same time, such measures can be quite different: from simply informing subjects about possible risks to the adoption of detailed laws establishing the rules for the circulation of such assets, the rights and obligations of subjects. At the same time, country approaches not only to regulation, but also to the definition of the essence of cryptocurrencies (money, assets, rights) differ greatly.The purpose of the article is to form recommendations on possible development of directions of Russian regulation of the cryptocurrency market. International approaches to the regulation of digital currencies, the practice and features of their application, as well as the proposed legal norms of the Russian bill on the use of digital financial assets in civil circulation have been analyzed in the article. As the research methodology, legal and comparative analysis of Russian and foreign practice has been used. Recommendations for making amendments to the current financial legislation and emerging digital legislation have been given. According to the author, the development of the cryptocurrency market in Russia in the near future will be influenced by the following facts: the adoption of digital legislation, international experience and practice of using cryptocurrencies, technological changes.

CIVIL LEGAL REGULATION OF THE COMMERCIALIZATION OF PATENTED INVENTIONS: THE CREATION OF INVENTIONS, THE LICENSING OF PATENT RIGHTS, THE SALE OF PATENT RIGHTS

2021 ◽  
Vol 6 (4) ◽  
pp. 26-32
Author(s):  
Dilrabo Egamova ◽  
Keyword(s):  
Intellectual Property ◽  
Legal Status ◽  
Legal Regulation ◽  
Foreign Countries ◽  
Patent Rights ◽  
The Creation ◽  
The Republic ◽  
Patented Inventions

In this article, issues of commercialization of intellectual property objects, which are one of the topical issues in the field of intellectual property, including the commercialization of patented inventions, their legal status, creation of inventions, licensing of patent rights,sale of patent rights, copyright rights, restoration of violated rights are considered. At the same time, the opinions of anumber of scientists on the commercialization of intellectual property objects in foreign countries and the Republic of Uzbekistan have been studied

Comparative Analysis of Foundations of Legal Regulation of Criminal Liability for Organ Trafficking in the Russian Federation, Kazakhstan, and the European Union

2020 ◽  
Vol 11 (4) ◽  
pp. 1405
Author(s):  
Anna V. SEREBRENNIKOVA ◽  
Tatjana F. MINYASEVA ◽  
Nagima S. KALA ◽  
Alexei A. MALINOVSKY ◽  
Victoria M. MALINOVSKAYA ◽  
...  
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Liability ◽  
National Level ◽  
Legal Regulation ◽  
The European Union ◽  
Organ Trafficking ◽  
The Russian Federation ◽  
The Creation

Currently, organ trafficking occupies a leading position among transnational organized criminal groups due to the high demand for illegal services and the relatively low rates of detection of illegal actions by law enforcement agencies. In this context, the purpose of the paper was to conduct a comparative analysis of the foundations of the legal regulation of criminal liability for organ trafficking and trafficking in the Russian Federation, Kazakhstan, and the European Union to form scientifically substantiated conclusions and suggestions for improving existing national legislation. To achieve this purpose, general scientific and special methods were used. The study also uncovers vectors and substantiates the feasibility of implementing EU legislation in the field of organ trafficking and trafficking in the criminal legislation of the Russian Federation and Kazakhstan, predicts the prospects for improving legal regulation on the subject matter and outlined the priority actions of legislative bodies. At the same time, promising areas of research in this matter are the issues of punishability of such acts and the appointment of the appropriate punishment. Furthermore, the creation of a highly regulated transplantation system at the national level was proposed, which is to be managed by a national transplantation authority with broad oversight powers. The creation of such a centralised competent authority will ensure the implementation of the scope of measures that would effectively reduce the risk of organ trafficking and trafficking and protect potential victims.

Electronic Art and the Law: Intellectual Property Rights in Cyberspace

Leonardo ◽  
1999 ◽  
Vol 32 (3) ◽  
pp. 191-195 ◽  
Author(s):  
Patricia Search
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Law ◽  
Court Decisions ◽  
Direct Impact ◽  
Electronic Art ◽  
Collaborative Networking ◽  
The 1960S ◽  
Definition Of

The dematerialization of art that began in the 1960s has reached new heights with the use of electronic media. We are at an important crossroads in defining intellectual property rights that will have a direct impact on the way we create and disseminate electronic art in the future. This paper examines the historical evolution of the definition of “author” in copyright law. The paper shows how current copyright legislation and recent court decisions do not address the plasticity of the medium and the new forms of authorship that are defined by the artistic use of techniques such as virtual reality, artificial intelligence, hypermedia links and collaborative networking.

Sign in / Sign up

Export Citation Format

Share Document