Kleymenova S. Author's legal relations as the form of realization of competences of the subjects of the copyright

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U003253

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

14-07-2004

Specialized Academic Board

Д26.236.02

Essay

The comprehensive analysis of the concept and contents of author’s right, the procedure of the exercise and protection of author’s rights was carried out in the dissertation. The essence of author’s right was defined both in object and subject senses. The basic reasons to apply the legal category “sole rights” instead of the category “intellectual property” were mentioned. With the purpose of giving a clear idea of the system of sole rights the structure of the new Civil Code’s provisions in the part of systematizing personal property and non-property author’s rights was offered to be changed. The peculiarities of reasons for arising of absolute and relative author’s legal relations were determined in this thesis. The most common methods to exercise author’s rights in particular author contracts were analyzed. It was stated that author contracts were not classified on the uniform characterizing basis but based on the range of features which depended both on the type of the object of author’s right andthe method of use and other circumstances. The contents of author contracts depend directly on either one or another type of author contract. In the course of studies the necessity to fix the provisions on license contracts in the Law of Ukraine “On the author’s right and related rights” was defined. Having used the theoretical positions and judicial practice the methods to protect author’s rights: civil, criminal and administrative rights were studied. As a result of conducted studies the author formulated the concrete proposals to improve the current legislation in the sphere of the author’s right.

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