Zaets O. Right to free use of copyrighted objects according to the civil legislatiom of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U001628

Applicant for

Specialization

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

07-04-2009

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The dissertation is devoted to legal relationship research, appearing while implementation of free use right of copyright object as demonstration of rights of property constitutional limitations. Here the legal institution formation, its conceptual instrument, content, peculiarities are retracing, collisions between absolute interest of the copyright owner and other persons interest on copyright object use are clarified and also recommendations relatively positive regulation improvement are worked out. It is determined, that institution of copyright object free use is showing 1) as own non-property benefit; 2) as the element of creative and intellectual activity right providing; 3) as other rights realization guarantee: for education, for rest, for use of science, literature and art achievements; 4) as a special type of rule. Its introduction requires a search of fair compromise between interests as for creative and intellectual activity results, author interests regarding getting material and moral satisfaction; satisfaction of own activity results as well as results of those, who exploit the creations and, finally, society. It is determined, that improvement of Ukrainian legislation in this field must be implemented, taking into consideration: 1) the goal and nature of the work as well as its appointment; 2) the nature of author's product itself, foreseeing the legal form protection; 3) the volume and rationality; 4) mainly conditions and effect of usage statute-established.

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