Publication date: 09.07.2024
Legal regulation of related rights in Ukraine
Introduction.
Related rights are an important part of the intellectual property system, covering the rights of performers, phonogram and videogram producers, and broadcasting organizations. The legal regulation of related rights in Ukraine is aimed at ensuring proper protection of the rights of these entities, stimulating their activities and fair distribution of remuneration for the use of their works. In this article, we will review the main principles, regulations and authorities that regulate related rights in Ukraine, as well as the rights and obligations of related rights holders.
Basic principles of legal regulation of related rights
The legal regulation of related rights in Ukraine is based on several basic principles that ensure effective protection of the rights of performers, phonogram and videogram producers and broadcasting organizations:
Theprinciple of automatic protection. Related rights arise automatically from the moment a performance, phonogram, videogram or broadcast is created without the need for registration or other formalities.
Theprinciple of national treatment. Foreign subjects of related rights enjoy the same rights on the territory of Ukraine as national subjects in accordance with international agreements and national legislation.
Theprinciple of fairness and proportionality of remuneration. Performers, phonogram and videogram producers and broadcasting organizations have the right to fair remuneration for the use of their related rights objects.
Theprinciple of protection against piracy. Legislation provides for measures against the illegal use of related rights objects, including reproduction, distribution and other use without the permission of the right holders.
Key regulatory acts
The legal regulation of related rights in Ukraine is based on a number of regulations, among which the key ones are:
TheLaw of Ukraine "On Copyright and Related Rights". This law establishes the legal and organizational framework for the protection of copyright and related rights in Ukraine, defines the rights of performers, phonogram and videogram producers, broadcasting organizations, and the procedure for their exercise and protection.
TheCivil Code of Ukraine. The Civil Code contains general provisions on related rights, defines the objects of related rights, subjects of related rights, and the procedure for acquiring, exercising and protecting related rights.
TheLaw of Ukraine "On Cinematography". The law regulates relations in the field of creation, distribution and demonstration of films, including the protection of related rights to cinematographic works.
TheLaw of Ukraine "On Television and Radio Broadcasting". The Law defines the legal framework for the activities of television and radio organizations, including the protection of related rights to television and radio programs.
International agreements. Ukraine is a party to a number of international agreements in the field of protection of related rights, including the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, the WIPO Performances and Phonograms Treaty, and others.
Objects of related rights
The objects of related rights are the results of creative activity related to the performance of works, creation of phonograms and videograms, as well as broadcasts by broadcasting organizations. The main objects of related rights include:
Performances. These are performances by actors, singers, musicians, dancers and other performers, as well as conductors who manage performances.
Phonograms. These are any exclusively sound recordings of performances or other sound effects created by phonogram producers.
Videograms. These are any audiovisual recordings of performances or other visual effects created by videogram producers.
Programs of broadcastingorganizations. These are television and radio programs created and broadcast by television and radio organizations.
Subjects of related rights
Subjects of related rights are individuals and legal entities that have rights to objects of related rights. The main subjects of related rights include:
Performers. These are actors, singers, musicians, dancers and other persons performing works of literature, science, art or folk art.
Producers of phonograms. These are individuals or legal entities that first recorded the sounds of performances of works or other sounds.
Producers of videograms. These are individuals or legal entities that were the first to record images of performances of works or other images.
Broadcastingorganizations. These are broadcasting organizations that create and broadcast television and radio programs.
Rights of subjects of related rights
Subjects of related rights have property and non-property rights to their objects. The main rights of subjects of related rights include:
Non-property rights
Theright to name. Performers have the right to demand that their name or pseudonym be indicated in connection with the use of their performance, if practicable.
Theright to inviolability of performance. The Performers shall have the right to prevent any distortion, misrepresentation or other alteration of their performance that may harm their honor and reputation.
Property rights
Theright to use the object of related rights. Subjects of related rights have the exclusive right to authorize or prohibit the use of their objects, including reproduction, distribution, public performance, broadcasting, cable retransmission and other uses.
Theright to remuneration. Subjects of related rights have the right to fair remuneration for the use of their objects by other persons.
The right to transferrights. Subjects of related rights have the right to transfer property rights to their objects to other persons on the basis of a contract or other transaction.
Protection of related rights
The protection of related rights is carried out through various legal mechanisms that ensure the proper implementation of legislation on related rights. The main ways to protect related rights include:
Administrative protection. It is carried out by applying to public authorities, in particular to the Ukrainian Parliament Commissioner for Human Rights or the National Agency for Copyright and Related Rights.
Civil remedies. This includes filing lawsuits for recognition of rights, compensation for damages, recovery of compensation for infringement of related rights, cessation of actions that infringe related rights, and other claims.
Criminal defense. Certain types of infringement of related rights, in particular, unlawful reproduction, distribution, and public performance of related rights objects, are subject to criminal liability.
Administrative sanctions. Administrative fines and other sanctions may be imposed for infringement of related rights in accordance with the laws of Ukraine.
Conclusion.
The legal regulation of related rights in Ukraine is an important tool for ensuring the protection of the rights of performers, phonogram and videogram producers, broadcasting organizations, stimulating their creative activity and fair distribution of remuneration for the use of their objects. It includes the regulatory framework, the activities of state regulatory and supervisory authorities, the rights of related rights holders, and mechanisms for protecting related rights. Effective legal regulation contributes to the development of culture, science and art, raising the level of respect for intellectual property and ensuring a stable legal environment in Ukraine.
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