Tarasova I. Copyright for derivative literary works

The object of research: public relations which are arised from the creation of derivative literary works, as well as their implementation and protection. The purpose of the dissertation: definition of a legal nature and peculiarities of legal regulation of derivative literary works, development of proposals for improving their legal protection. The methods: general scientific and special methods of knowledge: dialectical, formal-logical, dogmatic, comparative legal, system-structural and etc. Scientific novelty: Firstly it was proved that borrowing of the plot is not a violation of copyright if a work that is based on the plot of another product, the recipient is perceived as an original, independent work; it was proposed at the legislative level to introduce the category of "fair use", "conscientious user" in the field of copyright law and theoretical definition was given; part 1 of Article 19 of the Act offered to supplemented Paragraph 4: "Translators and (or) authors of other derivative works use copyright in their work, if translation or derivative work was created by them as a result of fair use". In case of nomination claims about cease of use from the author of the original work or other possessors of right, such use should be stopped"; proposed to amend Article 1112 of Civil Code of Ukraine with paragraph 5 as follows: "At the conclusion of the treaty creation of order and use derivative works performer acquires the right to use an original work by processing (translation) if the customer has this right at the time of conclusion of the contract". The practical value: the results of the research can be used: in the scholar field – for further improvement of the provisions about derivative literary works in copyright law; in lawmaking - for the improvement of the civil legislation of Ukraine in the field of copyright law; in research sphere – for writing textbooks and methodological recommendations in the civil law, intellectual property law. The scope: during the educational process in academical courses of civil law, intellectual property law, in educational establishments of Ukraine. A scientific provision that was proposed in the conclusions of the dissertation would be considered in the judicial practice of Ukraine during the proceedings about copyright protection of derivative literary works.