1. The work is published (released in the world), if it
any way communicated an indefinite number of persons,
including published, publicly performed, publicly displayed, transmitted
on radio or television, displayed in public
electronic information system.
2. The work can not be published if it violates
rights to privacy of her personal and family life, prejudice
public order, health and morals.
3. Nobody has the right to publish a work without the author's consent,
except as prescribed by this Code and other laws.
4. In the event of his death his successors have the right to
publication of the work, if not contrary to the will of the author.
Article 443. A work by consent of the author
1. A work is carried out only with the consent of the author
except the lawful use of a work without such consent,
established by this Code and other laws.
Article 444. Cases lawful use of a work without
consent of the author
1. The product can be freely, without the consent of the author and others, and
used free of charge by any person:
1) as a quote from a lawfully published work or as
illustration in publications, radio and television programs, phonograms and
videograms intended for education, subject
customs, specifying the source of borrowing and the author's name if it
specified in this source, and to the extent justified by the
purpose;
2) to play in the judicial and administrative
proceedings to the extent justified for this purpose;
3) in other cases provided by law.
2. A person who uses the product, shall indicate the name
author of the work and a source of borrowing.
Article 445. Author's right to charge for the use of his work
1. The author has the right to charge for the use of his work, if
otherwise provided by this Code and other laws.
Article 446. Validity of intellectual property rights
ownership of the work
1. Validity of intellectual property rights on
product expires seventy years vidlikovuyutsya from 1 January
year following the year of death of the author or the last of
collaborators, who survived the other co-authors, except
provided by law.
Article 447. Legal Consequences of the termination of
intellectual property rights at work
1. After the termination of property rights
intellectual property rights in the work he can freely and gratuitously
used by any person, with the exceptions established
law.
Article 448. Right by the share of sales original
work
1. The author has the inalienable right to receive a sum of money in
five per cent of the amount of each sale original
artwork or original manuscript of a literary work,
following the exclusion of the original by the author. The above
amount paid by seller original work.
2. The law established the first part of this article goes
to the heirs of the author's works and heirs of heirs and operates
before the expiry of the validity of intellectual property rights
the work established by Article 446 of the Code.
8.
Article 13. Co-Authorship
1. Co-authors are persons joint creative effort which
a work.
Copyright in a work created in collaboration belongs
all collaborators regardless of whether the work is one
inseparable or composed of parts, each of which has
independent significance.
The relationship between co-determined by an agreement between
them.
The right to publish or otherwise use the work as a whole
belongs to all collaborators.
If a work of joint authorship, forming one indivisible
whole, then none of the authors can not without good reason
others deny permission to publish or otherwise use or
shift work.
In case of violation of copyright, each joint co-
may prove his rights in court.
2. If a work of joint authorship consists of
parts, each of which has independent significance, each of
authors may use the part he created
in its sole discretion, unless otherwise provided by agreement between
colleagues.
3. Is also co-author copyright interviews.
Co-authors of the interview is the person who was interviewed, and the person who
it took.
Publication record interviews allowed only with the consent
person who was interviewed.
4. Remuneration for the use of the work belongs collaborators in
equal shares if the agreement between them is not otherwise covered.
5. These provisions do not apply to disclosure
or provide information to the Law of Ukraine "On access to
Public Information "(2939-17).
{Article 15 is supplemented with part five by the Law N 2939-VI
(2939-17) of 13.01.2011}
Co-authors are people shared creative work of a work. Co-Authorship is of two kinds:
- Indivisible contribute
- When it is impossible to allocate work each collaborator;
- Separate contribute
- When the 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 interview a person who
gave an interview, and the person who took it. Publication record interviews allowed only with the consent of the person who was interviewed.
2. If a work of joint authorship consists of parts, each of which has independent significance, each of the authors has a right to use the part he created in its sole discretion, unless otherwise provided by agreement between the co-authors.
3. The relationship between co-determined by an agreement between them. The right to publish or otherwise use the work as a whole belongs to all collaborators. If a work of joint authorship, a single inseparable, then none of the authors may not, without sufficient reason to deny others permission to publish or otherwise use or modification work. In case of violation of copyright, each joint co can prove its right in court.
Co-Authorship
- Wikipedia, the free encyclopedia.
Untested version
Co-Authorship - a joint creative work on the creation of the work. Co-Authorship may occur in the presence of a written or oral agreement to jointly cooperate on the creation of the work. Collaborators are initial copyright. It is no co-authorship of a work the author of any technical assistance. Nor is coauthor of the person involved, even creative in creating an idea or concept of the work, because the idea is the essence of the work and copyright is protected.
Content
[Hide]
• 1 Types
o 1.1 Co-Authorship and interviews
• 2 legal consequences of co-authorship
o 2.1 Inheritance
• 3 examples of co-authorship
• 4 Notes
• 5 cm. also
• 6 Sources
[Ed.] Types
Co-Authorship may be indivisible or separate.
inseparable considered is authorship, which it is impossible to allocate part of the book that created a particular sponsor. Modification or removal of such work will inevitably lead to changes in other parts of the work, or the inability to use the product at all. For example, if you delete a textbook, written by several co-authors, some chapters, this textbook will cease to be solid work, and in some cases it simply can not be used.
In a separate co-authorship in one or another part of the book that established colleagues, there is a specific author. Separate contribute only exists because his colleagues decided to join the agreement of the work, and use them together. For example, the combination of music and words leads to new work - songs, based on separate collaboration. Literary work of illustrations as an example of a separate co-authorship of the work.
[Ed.] Co-Authorship and interviews
Interviews also the result of co-authorship. Co-authors interview a person who gives interviews, as well as the person who takes it. Publishing interview permitted only with the consent of the person who gave it. Not to be confused with the interview transcript person who shares his memories of the person who performs record her story. If the narrator and handler together participated in the creation of artistic forms such work, they are co-authors. If the handler executes only technical and editorial work, the work is not a co-authorship.
[Ed.] Legal implications of co-authorship
If a work is created sponsors are indivisible work, the copyright in such work is carried out jointly sponsors, unless otherwise specified in an agreement concluded between the co-authors. Remuneration for the use of the work as a whole, created in collaboration, distributed among all collaborators in equal parts, unless otherwise specified in an agreement signed between them.
Each of the authors retains its copyright on the part of the work, which can be used separately from the work that was created in collaboration [1]. This means that the author of the book that created sponsors may independently authorize others to use its portion of the work. For example, the author of music songs may authorize third parties to use music without words or music with other words without the consent of the author of the words of this song. This practice has been widely reflected in advertising goods and services.
Copyright in a work generally is made up of parts, each of which has independent significance, and likewise for indivisible work done by all colleagues together. None of the authors indivisible not work without sufficient reason to prevent other collaborators to publish the work, otherwise use or modify the work.
Often between individuals who work on the product, concluded an agreement to establish a joint work. This agreement has no legal meaning in determining the rights of authorship of a work. The fact that the right of authorship is not determined by agreement (contract), but the fact of the creative participation of individuals who have signed an agreement to create the work. Creating composite works (collections) are not co-authorship, as compiled work combines a number of independent works whose copyrights which are owned by the poster. Work editor in most cases does not go beyond service obligations and can not be considered co-authors. The fact that the work of the editor only directed at improving the work of the author. Author to decide whether to accept it with the thought of an editor or not.
[Ed.] Inheritance
The question of succession copyright work created in collaboration is unsettled law. If the dead body is co-author of the heirs, the property rights of a work that was created in collaboration will dispose successors collaborator and the rest of the collaborators together. However, the issue of property rights that belong with the dead authors that has no heirs. This is particularly important when the payment of royalties collaborators that remain alive because it is not clear what happens to the fate of remuneration dead body collaborator. Should fate collaborators grow by fate dead body collaborator? At this time, the answer to this question is no.
Any result of creative activity can not be created by one author, but two or more. This type of complicity in the creation of intellectual property are called co-authorship. CC identifies two types co-authoring: indivisible contribute - if not highlight the work of each of the co-authors, separate and contribute - when the parts that make up the work, clearly defined and known, who co-created with a particular part. To determine the co-authoring and, accordingly, the rights of authorship for individuals who participate in the creation of creative output, requires certain conditions: a) be creative result, created a joint creative effort authors, it should be a single entity, ie it can not be without parts as a whole and b) should be a joint creative work of authors (technical assistance is co-author), c) the result of creative intellectual work must be collaborators objectively expressed in signs, sounds, images in any other form, which is possible to understand, because not fixing his work on the objects of the material world, none of the authors can not prove that this work is precisely his intellectual activity, due to the instability of the oral forms of expression and information with its possible distortion, d) must be an agreement on joint work. The legislation does not provide for mandatory written procedure of the transaction between colleagues, it may be oral. The absence of such an agreement does not give reason to believe that cooperation is the author co-authorship, and e) the separation of each of the co-authors retains copyright on their part, but he is also co-author of all the result of creative activity g) contribute must be voluntary.
2-3. In accordance with Art. 428 CC collaborators can settle their pravovidnoshen-tion by contract. Parties such agreement may determine what rights and to what extent has each of the subjects of legal intellectual property. If sponsors are not signed such a contract or do not reach agreement on the essential terms of the contract, in this case, intellectual property is jointly. This means that each of these entities can not own any of rozporyadzhuvatysya proprietary or non-proprietary intellectual property rights without the consent of the other co-author. They participate in the management of intellectual property rights, are entitled to compensation, but also bear the costs associated with the implementation of intellectual property rights. Remuneration for the use of a work of joint authorship, be collaborators in equal shares if the agreement between them is not otherwise covered. In separate co remuneration for the use of the product is determined by agreement between them. If no such agreement, the remuneration shall be determined according to the percentage of work created specific sponsor. However, sponsors may also agree on a different allocation of fees for the use of work created joint creative effort. In close collaboration joint work created joint creative work of several authors, using them with the consent of all co-authors. In the absence of such agreement, the dispute is resolved by the court. In each separate co-sponsors may use their part of the work yourself on your own, unless otherwise provided by agreement between the co-authors. According to Part Of Art. 13 of the Law of Ukraine "On Copyright and Related Rights" co-authorship occurs when interviewing. However, this standard has some contradictions with the laws that govern the media. According to Art. 26 of the Law of Ukraine "On the print media" journalist has certain rights and responsibilities that protect it from interference with his professional activities and interference in his creative process. However, the provisions of Art. 13 of the Law of Ukraine "On Copyright and Related Rights" refers person who conducts interviews, and a person who gives interview to sponsors, which obliges a journalist to publish an interview only with the consent of the person who gives it, and gives that person the right to demand half fee from journalists if the agreement does not provide otherwise
9.
The concept of related rights.
Related rights - the type of intellectual property rights, aiming to ensure the protection of the interests of individuals and businesses that contribute to the creation of works that after the establishment are made available to the general public.
The basis for the emergence of related rights is the product of the author, who can be a certain way common. For example, carriers of related rights is a conductor and musician, performing the work of the composer, recording studio, which first made a compact disc recording singer, broadcaster, which broadcasts its programs. By the civil law provides legal protection of neighboring rights of performers, phonogram producers and broadcasting organizations.
The objects of related rights without performing any formality about these objects and regardless of their purpose, content, values, etc., and how their expression is:
• any ways to perform works of literature and art, including works of folklore;
• record any performance or other sounds on the phonogram;
• notification of programs broadcast by the broadcast and the wires;
• video game.
In primary subjects related rights civil law include:
• performers (actors, singers, musicians, conductors, dancers, and other persons who act, sing, recite, persons performing entertainers, puppet numbers);
• Producers of Phonograms (natural or legal person who first made a recording of any performance or other sounds on the phonogram - film, film, tape recorder, etc.);
• broadcasting organizations (legal entities, using works of literature and art in their programs both online and on the wires - broadcasting).
Subjects related rights are other persons having rights under contract or law.
Related rights
The development of technology is constantly expanding uses of works of literature and art. Photography, film, video and sound recordings, radio, television, creating huge opportunities for reproduction and distribution of copyrighted works.
In 1961 in Rome adopted the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. The rights of performers are called "related rights". In related rights are traditionally understood rights of performers on the results of creative activity, Rights of phonograms and broadcasting organizations. In the centuries. 449 CC are such objects of related rights:
a) performance;
b) phonograms;
c) videogram;
g) program (transfer) of broadcasting organizations.
The performers are actors (theater, cinema, etc.), singers, musicians, dancers, and other persons who act, sing, read, recite, play a musical instrument, dance or any other way to perform works of literature, art or works of folk art, circus, vaudeville, puppet shows, pantomimes, etc., as well as musical conductor and musical dramas. Right to interpretation is essentially the same as right as copyright, so legislators protects the rights of performers against possible violations - unauthorized borrowing distortion.
Yes, works by Tchaikovsky, Rachmaninoff, Glinka performed differently S. Richter and Van Cliburn. Poems of Pushkin originally read Andromkov I., V. Katchalov, A. Ostuzhev, R. Simonov, V. Yakhontov.
Phonogram producers recognized any natural or legal person who took the initiative and responsibility for the first sound recording of a performance or other sounds.
Manufacturer videogram - natural or legal person who has taken the initiative and are responsible for the first recording of a performance or any moving images (with accompanying sound, and without it). Producers of Phonograms and videograms have exclusive rights to the reproduction of their phonograms and video in any form and by any means, distribution of phonograms and video to the public, the right to any modification of their phonograms and others.
Broadcasting organization is a legal entity - an air or cable broadcasting (TV and radio). It has the exclusive right to use their programs in any form, to permit or prohibit broadcast of their programs through their retransmission, fixation on a physical medium, reproduction of their broadcasts and the wires, public broadcasting programs in places with paid entrance and prohibit distribution on the territory of Ukraine from Ukraine or signal that carries the program body that spread this message and to which he was appointed.
Intellectual property pursuant arises from the first of its implementation on the soundtrack or videohramu - since its production, transfer (program) broadcasting organization - since its first release.
Proprietary rights shall be protected for 50 years from the date of the first record of performance. Personal rights shall be protected indefinitely
Concept, content, features related rights
The subject of legal protection are the rights that are closely related to the author, but have an independent nature and are called neighboring rights. Related rights can be defined as the right to the results of creative activity of Performers, Producers of phonograms, broadcasting organizations and their successors, who, on the grounds provided by law, transferred these rights. The rights of subjects of copyright and related rights are divided into economic and moral.
The objects of related rights are:
implementation;
phonogram and videogram;
program (transfer) of broadcasting organizations.
Subjects related rights are performers, producers of phonograms and broadcasting organizations. The performers are singers, actors, musicians, conductors, dancers, and other persons performing works of literature or art, etc.. However, according to Art. 450 CC of Ukraine related rights may be other persons who acquired such rights under contract or law. Because of the related rights can be divided into primary subjects of related rights (actors, musicians, dancers, etc.) and persons who acquired the appropriate rights under contract or law. These persons are the heirs and other successors.
Each of the above groups of subjects entitled to as non-proprietary and proprietary nature. The proprietary rights inherent to all subjects related rights include:
right to use an object of related rights;
exclusive right to authorize the use of an object of related rights;
the right to prevent unauthorized use of related rights, including to prohibit such use;
other intellectual property rights established by law.
Contents property p
rav artist is revealed in art. 39 Law of Ukraine
"On Copyright and Related Rights". So property rights shall be their exclusive right to authorize or prohibit others:
public of their uncommitted performances (live);
fixation on phonograms or videograms their performances have not been fixed;
reproduction (direct and (or) indirect) of their performances fixed without their consent in a phonogram or videogram or with their consent, but if the reproduction is made for purposes other than those for which they gave their consent;
distribution of their performances fixed in a phonogram or videogram through the first sale or other transfer of ownership in the case when during the first fixation performance did not authorize the phonogram producer (producer videogram) for further reproduction thereof;
commercial rental, tenancy of their performances fixed in a phonogram or videogram, if not fixing their consent for commercial rental and tenancy, even after propagation performances have phonogram (videogram) or with his permission;
distribution of their performances fixed in phonograms or videograms through any means of communication so that any person can access them from any place and at any time of their own choice, if the first fixation performance was not their consent for this type of distribution.
Contractor also includes moral rights:
require the recognition that it is the performer of the work;
require that the name or pseudonym mentioned or reported in connection with each of his appearances, recordings or performances, if possible;
required to provide good quality recording of his performance and oppose any distortion, mutilation or other significant changes that could prejudice his honor and reputation.
Subjects related rights is also broadcasting organization. In Art. 41 of the Law of Ukraine "On Copyright and Related Rights" defined property rights of broadcasting organizations, which include the exclusive right to use their programs in any way, and the exclusive right to authorize or prohibit others:
broadcast their programs by broadcast and relay;
fixing their programs on a physical medium and playback;
public performance and public display of their programs in places with paid entrance.
Law of Ukraine "On Copyright and Related Rights" establishes certain restrictions on the proprietary rights of performers, producers of phonograms, broadcasting organizations. In particular, allows the use of performances, phonograms and broadcasts, their fixation, reproduction and communication to the public without the consent of performers, producers of phonograms and broadcasting organizations if:
said objects are reproduced solely for the purpose of study or research;
the reproduction right does not apply to export reproducible sample-Kiv phonograms and broadcasts from the customs territory of Ukraine;
related rights shall retain the right to a fair remuneration to the number of reproduced copies.
Related rights
Quite often, the product of the author may not be available to the general public only through the careers of others (mu zykantiv, producers, publishers, and others.). That they used ing their professional qualities, can present work in the form of the most interesting and accessible to the public. An important role is played by various technical means.
Chapter 37 of the Central Committee of Ukraine, part III Law of Ukraine "On av Torske and Related Rights" provide legal protection of neighboring rights of performers, producers of phonograms, broadcasting organizations and their successors.
Related rights develop in parallel with the author's great tion. However, activity creators (authors' works) is primary, serves as the foundation for the emergence of related rights. In a way common can only work that has already cos Rena.
In the civil law definition of literature exists sumizh them rights. Related rights - the right of performers on the results of creative activity, their heirs and persons who are legally related proprietary rights to perform, Rights of phonograms and their successors (PRA vonastupnykiv) and persons who are legally related proprietary rights to phonograms and video, as well as organi zations speech and their successors, are protected by copyright.
According to Article 499 Civil Code of Ukraine, the objects of related rights without performing any formality about these objects and regardless of their purpose, content, value, etc., as well as the manner or form of its expression is:
a) performance;
b) phonograms;
c) videogram;
g) program (transfer) of broadcasting organizations.
Primary related rights are a performer, you producers of phonograms manufacturer videograms broadcasting organization. Unless proven performer, producer of phonograms, programs (programs) broadcasting organization shall be a person name (name) which indicated respectively in phonograms mi, videogram their specimens or on the packaging, as well as in the transmission of speech.
Other persons who are the subjects of related rights, if they are acquired and cal under law or contract.
Operators may be citizens of Ukraine, foreign citizens and stateless persons, regardless of age. This could be an actor (theater, cinema, etc.), singer, musician, dance favor or other person who acts, sings, reads, studies would help declarations, playing a musical instrument, dancing or any other PWM method performs works literature, art or folk art, circus, vaudeville, puppet room, Mr. tomimy etc., and conductor of music and musical Drama them works.
Phonogram producers recognized any natural or legal person who took the initiative and responsibility for the first sound recording of a performance or other sounds.
Manufacturer videogram - natural or legal person who posts the initiative and are responsible for the first videoza nuc-performance or any moving images (with accompanying sound, and without it). Producers of Phonograms and videograms have exclusive rights to the reproduction of their phonograms and videoh frames in any form and by any means, distribution of phonograms and video to the public, the right to any vydozmi well their phonograms and others.
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