Property rights of the author can move on to other subjects of copyright under the Act, the contract or by way of inheritance.
Property rights to the object created in connection with the contract, includes workers who created the object, and the legal entity or individual, in which he works, unless otherwise provided by contract.
Article 440. Intellectual property rights at work
Published by Jurist on Fri, 12/05/2008 - 10:14
1. Intellectual property rights at work are:
1) the right to use the work;
2) the exclusive right to authorize use of the work;
3) the right to prevent misuse of the product, including prohibit such use;
4) other intellectual property rights established by law.
2. Property rights at work are those of the author, unless otherwise provided by contract or law.
1. In most cases, the creators of copyright create their works to obtain a benefit for themselves or their loved ones. Therefore, the state should permit authors to receive this benefit. This law gives the author's economic rights, the most important in its significance.
The primary of these rights is the right to use the work. Eligibility - this extract from a work of useful qualities. Methods of removal can be very diverse, most importantly that they do not contradict the law. Article 441 CC provides a list of actions that are using the product:
Use of a work is its:
1) publishing (publish);
2) reproduction by any means and in any form;
3) translation;
4), adaptations, arrangements and other similar changes;
5) the inclusion of part to collections, databases, anthologies, encyclopedias, etc.;
6) public performance;
7) the sale, transfer of lease (rent), etc.;
8) import it copies, copies of his translations, revisions, etc..
This list is not exhaustive, because modern means allow the use of a work is in many ways, each of which can not be predicted in the law.
The exclusive right to authorize use of the work - is one of the rights available to intellectual property rights. This issue is governed by Chapter 75 of the Central Committee. The language of it will go to in Article 443 CC.
Each subject of copyright has the right to prevent the unlawful use of his works, including prohibit such use. This can be done by informing about their rights. Such a notification is a warning sign marking the work of copyright protection.
One way to prohibit unauthorized use of a work is a direct message the person who makes such use of the copyrighted work. There are other means of preventing and prohibit misuse.
But if the property right of the author of the work violated the law provides an opportunity to protect rights. Actions that infringe copyright provided for in Article 50 of the Law of Ukraine "On Copyright and Related Rights". The most common of them - is piracy and plagiarism.
Piracy - This publication, reproduction, importation into the customs territory of Ukraine, export from the customs territory of Ukraine and distribution of counterfeit copies of works, ie copies created in violation of copyright.
Plagiarism - this publication, in whole or in part, of another work under the name of the person who is not the author of this work.
Protect Copyright possible in the manner provided civil, criminal and administrative law. Civil legal way to protect rights is an appeal to the court.
2. Property rights in a work may belong to the author of the work, his heirs and persons to whom the law passed by the contract. There are also cases of lawful use of a work without the author's consent.
Property rights of authors
First author or other person who has copyright the exclusive right to use the work in any form and by any means. Exclusive right - right when no person other than the one where the copyright or related right shall not use the product, not having a permit (license), except in cases provided by the Law "On Copyright and Related Rights".
The law gives the author or other person who has copyright the exclusive right to authorize or prohibit:
1) reproduction of works, that making one or more copies of a work in any material form, including sound and video, and records of the work or phonogram for temporary or permanent storage in electronic (including digital), optical or other form which reads machine. Instance - the result of any reproduction of the work;
2) public performance and broadcast works. Public performance - this idea works, performances, phonograms, broadcasts of broadcasting organizations by recitation, playing, singing, dancing and otherwise as direct (live performance), and using any devices or processes (excluding the broadcast or by wire) in places where there are or may be present persons who do not belong to the normal circle of family or close friends of the family, regardless of whether they are present in the same place at the same time or at different locations and at different times.
Public notification (notification to the public) - the transfer of air or wire images and (or) sound works, performances of phonograms, broadcasting organizations broadcasting when these images or sounds may be perceived uncertain number of persons;
3) public display - any demonstration of the original or copies of works, performances, broadcasts of broadcasting organizations or directly on the screen with film, slide, television frame etc. (except broadcasts or by wire) or other devices or processes uncertain number of persons;
4) Any re-broadcast on the air or by wire already broadcasts, if carried out by the organization;
5) translation works. Original author himself can translate his work in another language (the author's translation). If the author's translation nobody else can translate this work in the same language. From the author's translation should be distinguished logged in translation, that is approved by the author;
6), adaptations, arrangements and other similar changes in the works;
7) distribution works through sale, alienation or by other means, rent or rental, and other transfer to the first sale of copies of the work;
8), rent after the first sale, disposal other means of audiovisual works, musical compositions as sheet music form, and works fixed on a phonogram or in a form that reads the machine;
9) importation of copies of works.
The above list is not exhaustive. The author has the right to authorize or prohibit the use of their works, and in other ways.
However, legislation to some extent restricts the author's exclusive right to use the work. A work without consent of the author is called free use. You may in some cases free use of works without the author's consent and without paying him royalties, and free use of a work without the author's consent, but paying him royalties.
Without the consent of the author or any other person that has a copyright, but with mandatory indication of the author and source of borrowing is permitted:
a) the use of quotations (brief excerpts) from published works;
b) use of literary and artistic works as illustrations in publications, broadcasts, recorded by audio or video educational nature;
c) reproduction in print, broadcast or other public notice published in a newspaper or magazine articles on current economic, political and religious issues, or the broadcasting of works of the same nature, if it is not specifically prohibited by the author;
d) play to highlight current events by means of photography or cinematography, broadcast or other public communication works seen or heard in the course of such events;
e) edition published works Braille for the blind;
e) the reproduction of works for judicial and administrative proceedings;
i) the public performance of musical works during official and religious ceremonies and funerals;
c) playing for informational purposes in newspapers and other periodicals, broadcast or otherwise broadcast publicly delivered speeches, addresses, reports and other similar works.
Allowed free play one copy of the work printing method libraries and archives for their own use under certain conditions specified in the law of copyright.
Also allowed without the consent of the author or other person who has copyright free play copies of a work for teaching. This is only a reproduction for classroom published articles and other small works and to reproduce excerpts from published writing and other works.
Detailed regulated free playback software.
The right to royalties - a basic property right of the author or any other person who has the copyright. The reason for the awards is the fact that the use of the product in any way. The main legal forms of exploitation of works is actually the exclusive right to authorize or prohibit certain actions. Often used promulgation and publication works.
Specific legal facts that give rise to the author or any other person who holds the copyright, the award may be:
a) copyright agreement (publishing, in producing, screenwriting, art orders, etc.);
b) the fact that non-consensual use of the work, unless the consent of the author, but provides for the payment of royalties;
c) the misuse of the product.
Remuneration received by the author or other person who holds the copyright, is, in fact, remuneration, goes into the work. It can be in the form of wages (eg, staff artist, researcher research institution), or royalty. Perhaps a combination of these forms of payment.
Except when allowed to use the work without the consent of the author and without receiving royalties, remuneration shall be paid for any use of the product. Compensation may take the form of a single payment (single award), in the form of deductions (interest) for each copy sold, or each use of the work or consist of mixed payments.
Personal and property rights of authors of works.
Law of Ukraine "On Copyright and Related Rights" from 23.12.1993 № 3792-XII:
The following personal non-property rights (Article 14): claim authorship, remain anonymous, choose a nickname, require the integrity of the work. This author's rights can not be alienated.
Property rights of the author (p. 15):
• the exclusive right to use the work - in any form and by any means;
• the exclusive right to authorize others to use:
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 made its disclosure;
5) translations of the works of others.
These rights may be alienated by the copyright agreement (under Art. 31), then that person is subject to copyright.
Authors' exclusive rights to use works of architecture, urban planning, landscape architecture and provide for their participation in the implementation of projects these works.
The author (or other person who has the copyright) has the right to require payment of fees for any use of the product. Compensation may take the form of one-time (lump sum) payment or deductions for each copy sold, or each use of the work (royalties) or mixed payments.
The size and order of payment of royalties for the creation and use of a work set in the author's contract or contracts concluded on behalf of the copyright collective management organizations and persons who use work.
Cabinet of Ministers of Ukraine may prescribe minimum rates of royalties and the order of their application.
If copies of a lawfully published work legally put into civil circulation through their first sale in the Ukraine, then allowed them to re-enter into circulation by sale, donation, etc. without the consent of the author (or other person who has the copyright) and without payment of royalties.
However, the right to property lease or rental remains with the person who holds the copyright.
5.
Article 14. Moral rights of the author
1. The following personal non-property rights:
1) to claim authorship by indicating
appropriately named author's work and its copies and
any public use of the work, if practicable
possible;
2) prohibit the use of a public works
mention his name if he is author wishes to remain
anonymous;
3) choose a nickname to indicate and require specifying
alias instead of the actual name of the author's work and its
specimens and during any public use;
4) require the integrity of the work and to counteract
any distortion, mutilation or other modification of the work or
any other encroachment on work that could harm the honor and
reputation.
2. Moral rights of the author may not be transferred
(Alienated) to others.
Article 438. Moral rights of the author
1. The author works are moral rights
established by Article 423 of the Code, as well as the right to:
1) require an indication of his name in connection with the use of
work, if practicable;
2) prohibit an indication of his name in connection with
use of the product;
3) choose an alias in connection with your use of the work;
4) on the integrity of the work.
1. Article 423 CC provides that moral rights of intellectual property are:
1) recognition of the human right to the creator (author, artist, inventor, etc.) intellectual property rights. In this case, the right to recognition of human author of the work. This right is only true creator may call himself the author of the work. It confirms the fact of creation of the work specific person. This right can be defined as the legal ability of a person to consider himself the author of the work and to demand recognition of this fact from others. The right of authorship is absolute. It does not require any formal approval and is generated upon creation of the work. It can not be transferred and can not abandon it;
2) the right to prevent any infringements of intellectual property rights, would be prejudicial to the honor or reputation of the creator of intellectual property rights. Law of Ukraine "On Copyright and Related Rights" includes the right to require the integrity of the work and to object to any distortion, mutilation or other modification of the work or any other encroachment on work that could harm the honor and reputation. The language of this right will go down in Article 439 of the CC;
3) other moral intellectual property rights established by law.
This paper complements the range of moral rights of the author of the work. These rights are;
1) request specifying your name in connection with your use of the work, if practicable. Author should require specifying its name at every use of a work, that is, each copy at every public performance, and more. His name may be indicated surname and initials or name and surname. There may also be indicated his rank and titles. The author's name is not mentioned only in cases where it is not possible for technical reasons. When creating work multiple authors, whose names are specified consistently with their consent;
2) prohibit an indication of his name in connection with your use of the work. The author has the right to publish his work in general without mentioning his name. If the author of any reason does not wish to disclose his name, he may deny it mention the use of the product;
3) choose an alias in connection with your use of the work. Collaborators can also use an alias. The right to refer work pseudonym may be limited, for example, based on morality. You can not use the nickname as a famous author, so that he can mislead the consumer.
6.
Article 440. Intellectual property rights at work
Published by Jurist on Fri, 12/05/2008 - 10:14
1. Intellectual property rights at work are:
1) the right to use the work;
2) the exclusive right to authorize use of the work;
3) the right to prevent misuse of the product, including prohibit such use;
4) other intellectual property rights established by law.
2. Property rights at work are those of the author, unless otherwise provided by contract or law.
1. In most cases, the creators of copyright create their works to obtain a benefit for themselves or their loved ones. Therefore, the state should permit authors to receive this benefit. This law gives the author's economic rights, the most important in its significance.
The primary of these rights is the right to use the work. Eligibility - this extract from a work of useful qualities. Methods of removal can be very diverse, most importantly that they do not contradict the law. Article 441 CC provides a list of actions that are using the product:
Use of a work is its:
1) publishing (publish);
2) reproduction by any means and in any form;
3) translation;
4), adaptations, arrangements and other similar changes;
5) the inclusion of part to collections, databases, anthologies, encyclopedias, etc.;
6) public performance;
7) the sale, transfer of lease (rent), etc.;
8) import it copies, copies of his translations, revisions, etc..
This list is not exhaustive, because modern means allow the use of a work is in many ways, each of which can not be predicted in the law.
The exclusive right to authorize use of the work - is one of the rights available to intellectual property rights. This issue is governed by Chapter 75 of the Central Committee. The language of it will go to in Article 443 CC.
Each subject of copyright has the right to prevent the unlawful use of his works, including prohibit such use. This can be done by informing about their rights. Such a notification is a warning sign marking the work of copyright protection.
One way to prohibit unauthorized use of a work is a direct message the person who makes such use of the copyrighted work. There are other means of preventing and prohibit misuse.
But if the property right of the author of the work violated the law provides an opportunity to protect rights. Actions that infringe copyright provided for in Article 50 of the Law of Ukraine "On Copyright and Related Rights". The most common of them - is piracy and plagiarism.
Piracy - This publication, reproduction, importation into the customs territory of Ukraine, export from the customs territory of Ukraine and distribution of counterfeit copies of works, ie copies created in violation of copyright.
Plagiarism - this publication, in whole or in part, of another work under the name of the person who is not the author of this work.
Protect Copyright possible in the manner provided civil, criminal and administrative law. Civil legal way to protect rights is an appeal to the court.
2. Property rights in a work may belong to the author of the work, his heirs and persons to whom the law passed by the contract. There are also cases of lawful use of a work without the author's consent
7.
Article 442. Publication of the work (publication of the work)
Published by Jurist on Fri, 12/05/2008 - 10:16
1. The work is published (released in the world), if it in any way communicated indefinite number of persons, including published, publicly performed, publicly displayed, transmitted by radio or television, displayed in public electronic information systems.
2. The work can not be published if it violates the rights to privacy of her personal and family life, prejudice to public order, health and morals.
3. Nobody has the right to publish a work without the author's consent, except in cases established by this Code and other laws.
4. In the event of his death his successors have the right to publish the work, if it does not contradict the will of the author.
1. According to the Law of Ukraine "On Copyright and Related Rights", published work, phonogram, videogram - this issue into circulation, with the consent of the author or other copyright manufactured by printing, electronic or other means of copies of a work, phonogram, videogram, can satisfy, given the nature of the work, phonogram or videogram reasonable requirements of the public, through their sale, leasing property lease, residential or commercial rental, providing access to them through electronic media so that any person can get it from any place and at any time of their choice, or transfer their ownership or possession in other ways. Publication of a work, phonogram, videogram also depositing a manuscript work, phonogram, videogram repository with open access and the possibility of obtaining a copy of the work, phonogram, video game.
The publication can be made by publication, public performance, public display, a radio or television, displayed in public electronic information systems, that is, public alerts and other ways.
Public display - demonstration work directly with film, slide, television frame etc. (except broadcast or cable).
Public alerts - transfer works for air or wire.
All these actions must be carried out so that the work could be taken an unlimited number of people who do not belong to the normal circle of family or close friends of the family of the author.
2. Prohibition of publication of works that violate human rights to privacy of her personal and family life, due to the protection of the constitutional right of every person to privacy and family life. The collection, storage, use and dissemination of confidential information about a person without their consent, except in cases determined by law.
May not be published works that contravene the public interest, principles of humanity and morality.
3. The right to publish the work belongs to its author. But there are times when it belongs to others. The right of publication, as in possession of a work belongs to the author and his employer or client work together. Also the author of the work may transfer this right to any person under the contract.
4. After the death of the author's economic rights in a work pass his heirs. Therefore, the right to publish the work may belong to the heirs of the author. However, the author of the work can prohibit its publication.
Article 433. Objects of Copyright
1. Objects of copyright works is as follows:
1) literary and artistic works, including:
novels, poems, articles and other writings;
lectures, speeches, sermons and other oral works;
dramatic, musical and dramatic works, pantomimes,
dance, other stage works;
music (with or without text);
audiovisual works;
paintings, architecture, sculpture and graphics;
photographic works;
works of applied art;
illustrations, maps, plans, sketches and plastic works
relating to geography, topography, architecture or science;
translations, adaptations, arrangements and other alterations
literary or artistic works;
collected works, if for selection or arrangement of their
components are the result of intellectual activity;
2) computer programs;
3) compilations of data (databases), if by reason of the selection or
ordering of their components constitute intellectual
activities;
4) other works.
2. The works are subject to copyright without fulfillment
any formality about them, and regardless of their completeness,
purpose, values, etc., and the method or form of its expression.
3. Copyright does not cover ideas, processes, methods
activity or mathematical concepts as such.
4. Computer programs are protected as literary works.
5. Compilations of data (databases) or other material
protected as such. This protection does not extend to the data or
material as such and does not affect the copyright in the data or
material that are part of compilation.
Article 434. Works that are not subject to copyright
1. It is not subject to copyright:
1) acts of public authorities and local
government (laws, decrees, regulations, decisions, etc.), and
their official translations;
2) State symbols of Ukraine, banknotes, badges, etc.
approved by the public authorities;
3) daily news or other facts that have
regular press information;
4) other works prescribed by law.
Article 435. Subjects of Copyright
1. Primary subject of copyright is the author of the work. By
absence of evidence to the other author of the work is individual
specified in the usual way as an author on the original or copy
work (presumption of authorship).
2. The subjects of copyright are also other physical and
entities who acquired the rights to the works under the contract
or law.
Article 436. Co-Authorship
1. Copyright in a work of joint authorship,
belongs collaborators together, regardless of whether this is
product of one indivisible whole, or consists of parts, each of which
can be also independent significance. Some work created in
collaboration is recognized as having independent significance if
it can be used independently of the other parts of this work.
2. Each of the authors retains its copyright
the part he created, which has independent significance.
3. Relationships between colleagues can be defined
contract. In the absence of such a treaty on copyright
work carried out by all colleagues together.
Article 437. The emergence of copyright
1. Copyright arises since the creation of the work.
2. A person who has copyright to notify their
rights can use special character set by law.
Article 438. Moral rights of the author
1. The author works are moral rights
established by Article 423 of the Code, as well as the right to:
1) require an indication of his name in connection with the use of
work, if practicable;
2) prohibit an indication of his name in connection with
use of the product;
3) choose an alias in connection with your use of the work;
4) on the integrity of the work.
Article 439. Ensuring the integrity of the work
1. The author has the right to object to any distortion,
mutilation or other modification of a work or any other encroachment
a work that can harm the honor or reputation of the author, and
maintenance must work without his consent illustrations, introductions,
Afterword, comments and more.
2. In case of death of the author of the work is protected by immunity
person authorized by this author. In the absence of such
authorization security guard work heirs
author, as well as other stakeholders.
Article 440. Intellectual property rights at work
1. Intellectual property rights at work are:
1) the right to use the work;
2) the exclusive right to authorize use of the work;
3) the right to prevent misuse of the work,
including prohibit such use;
4) other intellectual property rights established
law.
2. Property rights at work are those of the author, unless otherwise
by contract or law.
Article 441. A work
1. Use of a work is its:
1) publishing (publish);
2) reproduction by any means and in any form;
3) translation;
4), adaptations, arrangements and other similar changes;
5) the inclusion of part to collections, databases,
anthologies, encyclopedias, etc.;
6) public performance;
7) the sale, transfer of lease (rent), etc.;
8) import it copies, copies of his translation
revisions, etc..
2. The use of the product are also other activities prescribed by law.
Article 442. Publication of the work (publication of the work)
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