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 LEGAL PROPLEMS OF PROTECTION OF COPYRIGHT RIGHTS FROM PIRATES IN THE NETWORK OF INTERNET

2020 ◽  
Author(s):  
Микола Логвиненко ◽  
Анна Диковець
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Cost Effective ◽  
Evidence Base ◽  
The Internet ◽  
Copyright Holder ◽  
Narrow Sense ◽  
Internet Piracy ◽  
The Right

 The article investigates the problem of copyright piracy. The concept of Internet piracy is disclosed, according to which this phenomenon can be considered, both in the broad, and in the narrow sense. Piracy in the narrow sense — activities related to the manufacture and mplementation of counterfeit copies. Considering piracy in the broad sense, it can be argued that the basis of this activity is the use of the object of copyright, without the permission of the right holders in order to profit. The signs of Internet piracy are identified, including: illegal use of copyrighted objects; realization of objects of copyright by publishing, reproduction, distribution and distribution without the consent of the author (the copyright holder); causing damage to the interests of the author (the right holder); commercialization; gaining profit or moral gain illegally. The classification of piracy has been carried out, which confirms the fact that the placement of copyright objects in the «network» is currently a very widespread phenomenon. Accordingly, piracy can be classified as: activity related to the partially legal disclosure of the object of copyright; activity that is related to the falsification of the copyright object; activities that are reflected in the illegal distribution of copies of the copyright object. The main ways of protecting copyright from piracy in the Internet in Ukraine and the problem issues in this area are determined. Accordingly, legal remedies can be applied in two forms — jurisdictional and non-jurisdictional. Jurisdictional form provides that the author (legal owner) has the right to apply to the court or other  competent or state bodies for the application of the necessary measures for the restoration of violated rights and the termination of the offense. Non-divisive way of protecting (self-defense) — the actions of a person in the protection of copyright, carried out by them on their own. Having analyzed the methods of protection, it was concluded that the non-irisbased form of protection provides more expeditious and cost-effective protection of the rights of the author. Jurisdictional way of protection is characterized by less efficiency.Because a considerable amount of time is spent on filing an action in court, hearing a complaint, making a decision and, finally, implementing this decision. The technical component of the non-jurisdiction form of protection is analyzed. Namely, technical methods of protection are defined, which can be attributed to: self-destruction of thecopyright object in case of illegal copying; placement of an object with limited functionality; use of watermarks; indication of copyrights on publications; etc. The proposals for amending the current legislation in the field of protection of copyright from piracy in the Internet are formulated. The changes should concern provisions affecting both legal and socioeconomic issues, namely: imperfection of legislation in the field of intellectual property rights (impossibility of reliable establishment of an offender who deals with Internet piracy; insufficiency of evidence base of copyright infringement; absence of judges and civil servants of specialist knowledge in the field of intellectual property rights); a highprice that makes it impossible to sell licensed products, hence, the number of sites that contain unlicensed products increases; insufficient level of financial provision of specialists who are professionals in the field of intellectual property; etc.

scholarly journals CONSTITUTIONAL BASIS OF EXTRAJUDICIAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS (MEDIATION PROCEDURES)

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Natalia V. Bocharova ◽  
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Private Law ◽  
General Process ◽  
Self Defense ◽  
The Right ◽  
Self Protection

The constitutional bases of mediation in intellectual property cases related to the complex interdisciplinary legal institution of self-protection of rights are analyzed. The urgency of the topic is due to a combination of public and private law principles in modern legal regulation and the general process of constitutionalization of private law and intellectual property law, in particular. It is noted that the proclamation of the constitutional right to self-defense means the inclusion in the comprehensive system of human rights protection of additional ways that increase the effectiveness of its other components and enrich the constitutional human rights mechanism as a whole. In recent years, mediation has been recognized as one of the effective and promising ways of self-protection of intellectual property rights. Ukraine is just beginning to build the institution of mediation as a way to protect intellectual property rights. The research of Ukrainian scientists analyzes the situations when it is expedient and profitable to use mediation to resolve disputes in the field of intellectual property. At the same time, in some works of Ukrainian researchers, in the author�s opinion, there is an element of a certain underestimation of public law support for the right to self-defense, in particular copyright. We believe that the constitutional provisions on self-protection of rights should be used more widely in the development of doctrinal issues of mediation intellectual property matters, which should strengthen the civil aspects of the right to selfdefense and give the problem a broader human significance. The author is convinced that the methodology of the modern system of protection of intellectual property rights should be based on an anthropological approach, which means that the provision and protection of intellectual property rights should be carried out from the standpoint of guaranteeing individual rights. It is concluded that the practice proves the profitability and effectiveness of the use of mediation in disputes related to the protection of intellectual property rights. The full implementation of this institution in Ukraine will contribute not only to improving the protection of intellectual property, but also to ensuring the constitutional rights of man and citizen.

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 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.

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 KEEPING THE NATION'S ASSETS THROUGH THE LEGAL PROTECTION OF COPYRIGHT WORKS OF CULTURE

2016 ◽  
Vol 1 (1) ◽  
pp. 55-71
Author(s):  
Zulkifli Makkawaru
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Literature And Science ◽  
Community Rights ◽  
Art And Culture ◽  
The Right

Indonesia positioned copyright art and culture based on its strength as a nation or community rights over an Alliance grouping of the society which can give the effect of distortions in its protection. Which institution can be megurus and oversee the interests between countriesCultivate ideas/ideas in the fields of art, literature and science in the context of intellectual property rights (HKI) categorized into areas of HKI named Copyright (Copyright). The scope of the rights provided for the protection of copyright in the context of this very broad following elements known in several countries. There is a different understanding about the copyright status of culture from both the substance of the right nor of the appreciation of the case which threatens foreign claims copyright over the culture of Indonesia

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 THE RIGHT OF AUTHORSHIP ON A WORK

2014 ◽  
Vol 8 (1) ◽  
pp. 155-160
Author(s):  
Ciprian Raul Romiţan
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Moral Rights ◽  
Economic Rights ◽  
Natural Connection ◽  
Artistic Work ◽  
The Law ◽  
The Right ◽  
The Relationship

The moral rights represent the legal expression of the relationship between the workand its creator; they precede, survive and exert a permanent influence on the economic rights.Moral rights are independent of economic rights, the author of a work preserving these rightseven after the transfer of its property rights.The right to claim recognition as the author of the work, called in the doctrine as the"right of paternity of the work" is enshrined in art. 10 lit. b) of the law and it is based on theneed to respect the natural connection between the author and his work. The right toauthorship is the most important prerogative that constitutes intellectual property rights ingeneral and consists of recognizing the true author of a scientific, literary or artistic work.

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.

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