1. avtorske right in the objective sense is the body of law governing the range of public relations for the establishment and use of works of science, literature and art. 1 страница

Стр 1 из 4Следующая ⇒

1. avtorske right in the objective sense is the body of law governing the range of public relations for the establishment and use of works of science, literature and art.

Copyright in the subjective sense - it is moral and property rights arising from the author in connection with the creation of his work and protected by law.

The object of copyright law relationships are intangible benefit as a product of spiritual creativity, namely the works of science, literature and art.

Institute For copyright characteristic principle of non-use of any formalities for a work to its object. This principle is enshrined in Article 2 §. 433 CC, as well as in art. 11 of the Law "On Copyright and Related Rights" (hereinafter - the Law) and means that the copyright in a work arises from the fact of its creation. For its origin and implementation is not required to register the product or any other special its design, as well as compliance with all other procedures. A person who is the creator, exercise special sign of «copyright» © inform that it has copyright and should not prove their identity, as the law provides for the presumption of authorship of the person listed as the author on the original or copy of the work. Obligation proof of membership may be assigned to it only in the course of the proceedings in the case contesting this fact by another person.

2. Subjects of Copyright

The subjects of copyright are the authors of the works specified in Article 8 hereof, their heirs, and with whom the authors or their heirs transferred their proprietary rights.

LAW OF UKRAINE On Copyright and Related Rights (Article 7), Kyiv, 23 December 1993 N 3792-XII (as amended by Law N 2627-III of 11.07.2001)

Primary subject of copyright is the author of the work. In the absence of evidence to the contrary by the author of the work is the individual referred to in the usual way as an author on the original or copy of the work (presumption of authorship).

The subjects of copyright are also other individuals and entities who acquired the rights to the works under the contract or the law.

CIVIL CODE OF UKRAINE (st.435) Kyiv, January 16, 2003 N 435-IV (Civil Code of Ukraine shall take effect on January 1, 2004)

Subjects of copyright - authors of the works referred to in Article 8 of the Law of Ukraine "On Copyright and Related Rights", their heirs, and with whom the authors or their heirs transferred their proprietary rights.

CABINET OF MINISTERS OF UKRAINE RESOLUTION On state registration of copyright and contracts relating to copyright (Order, paragraph 2) of 27 December 2001 N 1756 Kyiv

According to Art. 435 CC: 1. Primary subject of copyright is the author of the work. In the absence of evidence to the contrary by the author of the work is the individual referred to in the usual way as an author on the original or copy of the work (presumption of authorship). The subjects of copyright are also other individuals and entities who acquired the rights to the works under the contract or the law.

The author - a person whose creative work in a work. The author may only be an individual. Author - the original copyright holders. The author is a person indicated on the original or copy of the work. If real author of the work is the person who is not listed on the original or copy of a work, it must prove his authorship. This so-called presumption of authorship. In recognition of the author's identity does not matter his age or state capacity.

The subject of copyright may be not only the author but also other osoby.Spadkoyemtsi: The legacy can go only property rights, moral rights inheritance not move.

The employer (customer): property rights in a work created in connection with the employment contract (order) include the employee who created the work, and the legal entity or individual where or in which he is employed or the customer together if otherwise provided in the contract.

The person who receives the property rights to the work under the contract is also subject to copyright.

Co-authors are people shared creative work of a work. According to Art. 436 CC: 1. Copyright in a work created in collaboration belongs collaborators together, regardless of whether such work is one indivisible whole or composed of parts, each of which may have even self-importance. Part of the work of joint authorship, is recognized as having independent significance if it can be used independently of the other parts of this work.

Each of the authors retains its copyright on the part he created, which has independent significance.

Relationships between colleagues can be defined by the contract. In the absence of such agreement the copyright in the work carried out by all colleagues together.

Co-Authorship is of two kinds:

indivisible contribute - when it is impossible to allocate work each collaborator;

Separate contribute - when component parts of the work is clearly defined and known to the authors who created each piece.

However, copyright in all work created in collaboration belongs to all collaborators at every kind of co-authorship. But each retains the right to co-authorship on the part he created.

Work each collaborator should be creative. May not be considered a co-author the person who provided logistical, technical or financial assistance without providing personal creative contribution.

Co-Authorship should be voluntary. Remuneration for the use of copyright belongs to all collaborators in equal shares, unless otherwise provided by agreement between them.

Is also co-author copyright interviews. Co-authors of the interview is the person who was interviewed, and the person who took it. Publication record interviews allowed only with the consent of the person who was interviewed.

Legislation: Law of Ukraine "On Copyright and Related Rights" from 23.12.1993 № 3792-XII

Subjects of Copyright

The subjects of copyright may be individuals or legal entities.

Among individuals should first identify the authors, ie, creators of copyrighted works. Author of a work is the primary subject of copyright. The subjects of copyright are also heirs of the author, and the person whom the author or his heirs transferred their proprietary rights. They are the creators of a work, and acquire copyright by contract or law.

The subjects of copyright may also be legal persons who acquired the rights to the works under the contract or the law.

In most cases, the author of a work of science, literature, art is one person. According to Art. 11 of the Law "On Copyright and Related Rights" is the primary author of the entity that owns the copyright. In the absence of evidence to the contrary by the author of the work is the person listed as the author on the original or copy of the work (presumption of authorship). This provision shall also apply when work is published under a pseudonym identifying the author.

In some cases, the creative process involved several people. referred to as co-authors. An important condition for co-authorship is that the contribution of collaborators in the work must be creative. That is not to say contribute if one person dictates the novel, and the other writes it negotiates with the publisher, pulls paper for publication, etc.. Civil theory establishes two types of co-authorship: separate and indivisible. In undivided co-creative work is impossible to distinguish each collaborator. In separate collaboration components work clearly defined and known exactly who the authors wrote this or that part of it.

The result indivisible co-authorship were such famous works as "The Twelve Chairs" (I. Ilf and Yevgeny Petrov), "Republic SHKID" (G. White and L. Panteleev). In the double surname Boileau-Narsezhak releasing their psychological detective novels are frequent winners of the "Grand Prix for the best adventure novel" P. Boileau and T. Narsezhak. After discussing the general outline of future detective, they worked in different cities. Boileau as a mathematician developed sophisticated engineering plot moves and Narsezhak, talented stylist, studied the psychological characteristics of actors, literary text processing. Examples indivisible co-authorship in art can be works of Soviet artists Mikhail Kupriyanov, PA Krylov and Sokolov (Kukryniksy).

Number of authors can be unlimited. In 1927, the novel was written by a collective "Great Fires", co-authors who were 27 writers.

An example of a separate co-authorship in the legal literature may be textbook "Civil Law of Ukraine", edited by A. Zeri and N. Kuznetsova, written by the creative team. In art example is the sculptural ensemble "Big Fountain" at the exhibition of achievements of national economy in Moscow, some pieces of which are performed by different sculptors.

The result was a separate co-authoring the script and novel J. London "Hearts of Three," which he wrote with Charles Howard. Agreeing broadly stunning story, they divided and work: each of them must write to 15 pictures, not knowing what will happen in the near episode or twelve episodes that co-writes. As Charles Howard wrote much faster then J. London, treating its tenth picture received from Charles Howard is final fifteen and learned that the main character is married with that woman...

The practical significance of this separation is that if you contribute is split, each of the authors reserves the right to dispose of the part he created, including a ban on its use, unless otherwise provided in the contract between the co-authors.

In some cases, if a work of joint authorship, copyright it belongs collaborators together. Each of the authors retains its copyright on the part he created, which has independent significance.

Article 435. Subjects copyright.

Published by Jurist on Fri, 12/05/2008 - 10:12

1. Primary subject of copyright is the author of the work. In the absence of evidence to the contrary by the author of the work is the individual referred to in the usual way as an author on the original or copy of the work (presumption of authorship).

2. The subjects of copyright are also other individuals and entities who acquired the rights to the works under the contract or the law.

1. The author - a person whose creative work in a work. The author may only be an individual. Author - the original copyright holders. The author is a person indicated on the original or copy of the work. If real author of the work is the person who is not listed on the original or copy of a work, it must prove his authorship. This so-called presumption of authorship.

In recognition of the author's identity does not matter his age or state capacity. In the minors or incapacitated persons who created the work, there is a right of authorship. Proprietary rights to these works are carried out on behalf of relatives and guardians. Persons capacity is restricted exercise their intellectual property rights with the consent of their guardians. Persons aged 14 to 18, exercise their rights independently.

At the level of the citizens of Ukraine have the right to foreign citizens and stateless persons.

The author is recognized as the person who created their own creative work subject to copyright.

2. The subject of copyright may be not only the author, but another person. These persons are the heirs. In legacy can go only property rights, moral rights inheritance not move.

Other copyright is the employer and the customer. Moral intellectual property rights in a work created in connection with the employment agreement and order, the author of the work. Some moral rights in a work may belong to the employer and the customer.

Property rights in a work created in connection with the contract, includes workers who created this work, and the legal entity or individual where or in which he is employed or the customer, together, unless otherwise provided by contract.

Author of a work has the opportunity to conclude an agreement on the transfer of property rights at work or on the transfer of right to use the work. The person who receives the property rights to the work under the contract is also subject to copyright.

Article 8. Objects of Copyright

1. Objects of copyright works are in science,

literature and art, namely:

1) literary written works of fiction,

journalistic, scientific, technical or other nature

(Books, pamphlets, articles, etc.);

2) speeches, lectures, speeches, sermons and other oral works;

3) computer programs;

4) database;

5) musical compositions with or without words;

6) dramatic, musical and dramatic works, pantomimes,

dance and other works created for stage performance and their

staging;

7) audiovisual works;

8) works of fine art;

9) architecture, urban planning and landscape

art;

10) photographic works, including works made

ways similar to photography;

11) works of applied art, including works

decorative weaving, pottery, carvings, lyvarstva with

art glass, jewelry, etc. (Paragraph 11 of the first

Article 8 was amended by the Law N 850-IV

(850-15) of 22.05.2003)

12) illustrations, maps, plans, drawings, sketches, plastic

works relating to geography, geology, topography, engineering,

architecture and other areas;

13) stage of works specified in paragraph 1 of this

part, and folklore for stage;

14) derivative works;

15) collected works, collections of folklore, encyclopedias

and anthology, data, and other composite works

provided that they are the result of creative work for the selection,

coordination or arrangement of the contents without violating copyright

rights to the works included them as components;

16) translated text for dubbing,

Subtitling Ukrainian and other languages of

audiovisual works;

17) other works.

2. Protection under this Law shall be subject to all the works referred to in

Part one of this article, as published, was not made public,

both completed and not completed, regardless of their purpose,

genre, scope, purpose (education, information, advertising and propaganda

entertainment, etc.).

3. Stipulated in this law protection applies only

the form of expression of the work and does not extend to any idea,

theory, principles, methods, procedures, processes, systems, methods,

concepts, discoveries, even if they are expressed, described,

explained or illustrated in the book.

The article is 10. Objects that are not protected

It is not subject to copyright:

a) daily news or current events that have

regular press information;

b) works of folk art (folklore);

c) issued by government authorities within their powers

official documents of a political, legislative, administrative

nature (laws, decrees, regulations, judicial decisions, state

etc.) and their official translations;

d) State symbols of Ukraine, government awards; symbols and

signs of government authorities, the Armed Forces of Ukraine and other

military formations; symbols of territorial communities; characters and

signs of enterprises, institutions and organizations;

e) banknotes;

e) schedules of vehicles, schedules

broadcasts, telephone directories and other similar base

Data that do not meet the originality criteria and to which the

extends right sui-generis (peculiar, special right

kind).

Projects official symbols and signs specified in paragraph "d"

and "d" of this article, to their approval

considered as works and protected under this Act.

2. Objects of Copyright

The object of copyright law is a work of science, literature or art, expressed in any objective form. Work - is the result of the creative work of the author, a set of ideas, images, beliefs and so on. In Art. 5 of the Copyright Act contains a list of objects of copyright and their common features. It can be oral works (speeches, lectures, reports, speeches, sermons, etc.), writing (literary, scientific, technical), musical works, translations, scripts, works of art and more. The law does not give the full list of copyright, because life in their development can lead to new and new forms of objective expression of creative activity.

The object of copyright can not be any work, and the only one that has certain statutory, features: a) creative b) expression in an objective manner.

The object of copyright can only be the product that is the result of the creative work of the author. Not considered copyrighted purely technical work (eg, republication on another typewriter work or even his literary treatment - editing, proofreading, etc.).

The product can be expressed in any objective form, but always playable perception. The most objective form may be oral, written (notes, drawings, diagrams, recording on the disc, magnetic tape, photographs, etc.). The idea of a writer or composer in the mind of the author has already been formed in complete form, an image, a certain combination of sounds, but not expressed outwardly in any form will not be considered subject to copyright.

Objects of copyright can be choreographic works and pantomimes. Anthology of folk songs, laws, court decisions, etc. give rise to copyright only if it has a creative selection and placement, but does not apply to the content of the collected works.

Objects of copyright is a translation of a work in another language, because the work is creative interpreter.

Objects of copyright are different kinds of musical works with or without it (instrumental - symphonies, sonatas, string quartets and vocal - lyrics, songs, etc.), as well as musical drama - opera, operetta, ballet. Musical works if they are not recorded, copyrighted become since the first public performance.

Copyright is recognized for any work in science, literature, art, regardless of its form, commitment and artistic value. This provision is important because protects works of different artistic level and goals, including those that were not intended by the author for publication (eg, letters, diaries, personal notes, impressions).

Contents artistic or scientific work can also be expressed in one form or another. Yes, scientific works may be embodied in verbal scientific literary or other forms - maps (geographical, geological), drawings, sketches, models, models, etc.. Even more diverse are the forms of fiction - literature, music, painting, architecture, graphics. Sometimes a work of art as a whole appears from the use of not one but two or more forms, such as musical and dramatic works (or music and text, or music and dance).

The current level of science and technology makes it possible to create complex compositions, which combine several forms, such as film and television films (literary text, music, scenery, etc.). The object of copyright is the film as a whole. However, objects of copyright in an audiovisual work can be scripted, music, explanatory text, the work of the main operator, an art director who came to the part of the work (Article 21 of the Copyright Act).

So work as an object of copyright embodied in a material form: manuscript notes, sculpture, painting and more. But copyright in the work (as an intangible object of copyright) and ownership of the thing in which he embodied are independent from each other. So do not confuse the work as an object of copyright and the thing - the manuscript, picture books. On thing to which materially embodied work, there may be ownership, use, etc., but not copyright. Thus, the sale of his book, the writer does not deprive him of copyright infringement (Article 10 of the Copyright Act).

Objects of copyright.

The object of copyright can not be any work, and the only one that has certain statutory, features: a) creative b) expression in an objective manner.

Objects of copyright is a translation of a work in another language, because the work is creative interpreter.

List of copyright:

• Literary work

• Music composition

• Work of Art

• Work of arts and crafts

• Work Architecture

• Work Cartography

• Photographic work

• Drafted work

• Database

• Computer program

• Audiovisual work

• Stage work

• Work in Science

• Work in translation

• Work in Recycling

Article 15. Property rights of the author

1. The proprietary rights of the author (or other person who has copyright

right) are:

a) the exclusive right to use the work;

b) the exclusive right to authorize or prohibit the use of work

others.

Property rights of the author (or other person who has copyright

right) can be assigned (alienated) to another person in accordance with

Article 31 of this Law, then the person becomes

subject to copyright.

2. The exclusive right to use the work by the author (or other

person who holds the copyright) allows him to use

work in any form and by any means.

3. The exclusive right of the author (or other person who has copyright

right) to allow or prohibit the use of works of others gives

him the right to authorize or prohibit:

1) playback works;

2) public performance and broadcast of works;

3) public display and public display;

4) Any re-publication of works, if

carried out by an organization other than the one that carried out the first

disclosure;

5) translations of works;

6), adaptations, arrangements and other similar changes

works;

7) inclusion works as components in collections,

anthologies, encyclopedias, etc.;

8) the distribution of works by the first sale, alienation

otherwise, or by transferring property lease or rental, and

by other transfer to the first sale of copies of the work;

9) the submission of their works to the public so the public

way that its representatives can access the works

any place and at any time of their own choosing;

10) transfer property lease and (or) commercial rental after

first sale, alienation or otherwise original

audiovisual works, computer programs, databases

data, music as sheet music form, and works

fixed in a phonogram or videogram or in readable form

computer;

Imprint

a) the right to recognition of human creator object of copyright;

b) the right to prevent any encroachment on its copyright, which would be prejudicial to his honor or reputation of the author;

c) The right to request specifying your name in connection with your use of the work, if practicable;

d) the right to prohibit an indication of his name in connection with your use of the work;

e) the right to choose an alias in connection with your use of the work;

g) the right to inviolability of the work.

Work is published under a pseudonym - a phenomenon quite common in the literature. Thus, G. Simenon of 415 over 200 published novels under pseudonyms. Many writers have become known to a wide range of readers just under pseudonyms: P. Rudchenko - Panas Mirny, L. Kosach - Lesya Ukrainian, P. Gubenko - Ostap Cherry, M. Vilinskiy - Marco Gyroscope and others.

In the centuries. 439 CC immunity work inadmissibility interpreted as a distortion, mutilation or other modification of a work or any other violation of a work that may harm the honor or reputation of the author, as well as support the work without his consent illustrations, preface, afterword, commentary and more.

The proprietary rights of the author are:

a) the right to use the work;

b) the exclusive right to authorize use of the work;

c) the right to prevent unauthorized use of a work, including such use and prohibit others.

Use of works is his publication, translation, processing, arrangement, public performance, sale, etc..

The exclusive right means that no person other than the one that owns the copyright, may not use the work without permission.

Moral rights of authors of works can not be transferred to others. They belong to the author regardless of property rights and retained by him even if the assignment of property rights to use the work.

Дата добавления: 2015-11-04; просмотров: 20 | Нарушение авторских прав

12 3 4 Следующая ⇒

mybiblioteka.su - 2015-2024 год. (0.053 сек.)

<== предыдущая лекция

следующая лекция ==>