Copyright in a work arises from the fact of its creation and will take effect from the date of creation of the work.

Protection is granted until the expiration of the 70th year after the authorХs death.

In the case of anonymous or pseudonymous works, the term of protection expires 70 years after the work has been lawfully made available to the public, except if the pseudonym leaves no doubt as to the authorХs identity or if the author discloses his identity during that period; in the latter case, the first rule applies.

In the case of a work of joint authorship, provided that the terms measured from the death of the author is calculated from the death of the last surviving author.

In the case where all the work is published ( made ​​public ) are not at the same time - the copyright shall be determined separately for each published ( made ​​public ) of the work.

Any person who, after the expiration of the term of protection of copyright with respect to unpublished works the first time it publishes , enjoys the protection that is equivalent to the protection of economic rights of the author . The term of protection of such rights is 25 years from the time when the work was first published .

Moral rights of the author shall be protected in perpetuity.

#28. The fair use of the protected works

Without the consent of the author , but with the obligatory indication of the author's name and source of borrowing is allowed :

1 ) the use of quotations from published works to the extent justified by the purpose, including citing articles from newspapers and magazines in the form of press ;

2 ) use of the literary and artistic works to the extent justified by the purpose, as illustrations in publications , broadcasts of broadcasting , audio or video recordings of educational character;

3) play in the press, public performance or broadcast of previously published in newspapers or magazines articles on current economic, political, religious and social issues or public notification of works of the same nature where the reproduction , broadcast or other public message is not specifically prohibited by the author ;

4) Play to highlight current events by means of photography or cinematography , broadcast or other public communication of works seen or heard in the course of such events to the extent justified by the informatory purpose ;

5) Play in catalogs of works offered for affordable public exhibitions, auctions, exhibitions or collections for coverage of these events without using these directories for business purposes ;

6) edition published works Braille for the blind ;

7) playback works for judicial and administrative proceedings to the extent justified for this purpose;

8) the public performance of musical works during official and religious ceremonies and funerals to the extent justified by the nature of the ceremonies ;

9) Play for informational purposes in newspapers and other periodicals , broadcast or otherwise delivered to the public in public speeches , addresses , lectures and other such works to the extent justified by the purpose ;

#29. The copyright contracts

For contracts in the field of copyright and related rights subject to the general principles and rules of civil law.

The law provides the following types of contracts:

5.1. According to the Code :

- License for use of intellectual property rights;

- A license agreement ;

- Treaty establishing commissioned and the object of intellectual property;

- Agreement on the transfer of exclusive intellectual property rights ;

- Another agreement on disposition of intellectual property rights.

5.2. Under the Act :

- Agreement on the allocation of property rights to an employee's invention;

- An agreement between the co-authors of the work;

- Agreement on the transfer (disposal ) of property rights of copyright and related rights;

- Agreement on the transfer of the exclusive ( non-exclusive ) right to use of copyright and related rights;

- Order contract;

- Agreement on the collective management of economic rights of copyright and related rights;

- Agreement between the collective management organization and a person who uses objects of copyright and related rights;

- An agreement on the payment of contributions by manufacturers and importers of equipment and physical media used in domestic conditions for reproducing works and performances fixed in phonograms and videograms;

- Agreement on remuneration for the use of commercially published phonograms , their copies and fixed in them;

5.3. According to the Law of Ukraine " On Publishing ":

publishing contract.

6. Contracts concluded in writing. Orally shall be entered into an agreement on the use of ( published ) work in periodicals (newspapers, magazines, etc.)

#30. The copyright management

The creator of a work has the right to allow or to prohibit the use of his works. A playwright can consent to his work being performed on stage under certain agreed conditions. A writer can negotiate a contract with a publisher for the publication and distribution of a book. And a musician can agree to have performance recorded on compact disc. These examples illustrate how the owners of the rights can exercise their rights in person.

Collective membership. Membership of CMOs is open to all owners of copyright and related rights, whether authors, composers,publishers,writers,photographers,musicians, orperformers. Broadcasting organizations are not included in the list, as they are considered users, even though they have certain rights in their broadcasts.

- The right of public performance (music played or performed in discotheques, restaurants, and other public places);

- The right of broadcasting (live and recorded performances on radio and television);

- The mechanical reproduction rights in musical works (the reproduction of works in CDs, tapes, vinyl records, cassettes, mini-discs, or other forms of recordings);

- The performing rights in dramatic works (theater plays);

- The right of reprographic reproduction of literary and musical works (photocopying);

- Related rights (the rights of performers and producers of phonograms to obtain remuneration for broadcasting or the communication to the public of phonograms).

- "Traditional" CMOs acting on behalf of their members, negotiate rates and terms of use with users, issue licenses authorizing uses, collect and distribute royalties. The individual owner of rights does not become directly involved in any of these steps.

- Rights clearance centers grant licenses to users that reflect the conditions for the use of works and the remuneration terms set by each individual holder of rights who is a member of the center (in the field of reprography, for instance, authors of written works such as books, magazines and periodicals). Here the center acts as an agent for the owner of the rights who remains directly involved in setting the terms of use of his works.

- "One-stop-shops" are a sort of coalition of separate CMOs which offer users a centralized sources where authorizations can be easily and quickly obtained. There is a growing tendency to set up such organizations on account of growing popularity of "multimedia" productions (productions composed of, or created from, several types of work, including computer software) which require a wide variety of authorizations.

#31. Infringements to the copyright

Copyright infringement are:

Ґ Plagiarism - promulgation (publication ) work under an assumed name ;

Ґ Piracy - the publication , reproduction and distribution of infringing copies of the work;

Ґ Import of Ukraine and export copies of a work without the permission of having copyrighted

Ґ The actions that threaten a violation of copyright law,

Ґ Actions for deliberate circumvention of technological measures for copyright protection

Depending on the extent and nature of copyright infringement offender may incur civil, administrative and criminal liability .

The main goal of civil procedure of copyright protection is to restore the rights and compensation for damages.

#32. Specific remedies to copyright protection

The main civil ways of copyright protection are:

Ґ Definition of Human

Ґ restoration of violated rights and suppression of acts infringing or threatening to infringe

Ґ Compensation for moral damage

Ґ Compensation for damages, including lost profits

Ґ Collection of income received by the infringer as a result of copyright infringement instead of compensation

Ґ The adoption of other measures stipulated by legislative acts relating to the protection of their rights.

Criminal law involves prosecution procedure and copyright infringers to justice. This is possible in case of illegal reproduction and distribution of works willful infringement of copyright and related rights , which caused material damage to a significant amount , and if the violation is committed repeatedly or by prior conspiracy .

Administrative - legal procedure for copyright protection involves bringing offenders in case of illegal use of intellectual property rights , leading to a fine of from ten to two hundred times the minimum income with the forfeiture of illegally manufactured products and equipment and material to be for its production.

For proper protection of your copyrights better collaborate with specialists , and we will gladly help you to recover and defend your rights.

#33. The objects of the related rights and the term of its protection

In Art. 449 CC of Ukraine are the objects of related rights:

a) performance;

b) phonograms;

c) videogram;

g) program (transfer) of broadcasting organizations. The performers are considered actors (theater, cinema, etc.), singers.

"On Copyright and Related Rights"

Article 44. The term of the related rights

1. Economic Rights of Performers protected for 50 years from the first record of performance.

Moral rights of performers provided the first paragraph of Article 38 of this Law shall be protected in perpetuity .

2. The rights of producers of phonograms and Videograms protected for 50 years from the date of first publication of the phonogram (videogram ) or their first recording ( video recording) , if the phonogram ( videogram ) was not published during this time.

3. Broadcasting organizations enjoy the rights granted by this Law for 50 years from the date of the first public broadcasting transmission.

4. End of term of protection of related rights begins on January 1 of the year following the year in which run under this Article the term of protection .

5. To heirs executors and assigns Producers of Phonograms and Broadcasting Organizations Videograms and goes right to authorize or prohibit the use of performances , phonograms , public notification and the right to receive remuneration within your article this period.

Date: 2015-12-18; view: 832