Matskevych O. Legal Protection of Copyright in Digital Mass Media Environment

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U004113

Applicant for

Specialization

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

20-10-2017

Specialized Academic Board

Д 26.500.01

Academician F. H. Burchak Scientific Research Institute of Ргіvаtе Law and Entrepreneurship of National Academy of Law Sciences of Ukraine

Essay

The analysis of legal relations arising in connection with the use, exercising, acquisition and protection of copyright in the digital media environment is made with the help of study of the current legislation of Ukraine and other countries, international law acts, doctrinal provisions, judicial practice. The thesis deals with the legal status of copyright subjects, the copyright objects created or used by persons of law, the peculiar features of websites as digital works etc. Special attention is paid to the analysis of the distinctive features of Internet media, their legal nature, and their separation from other types of mass medium or other websites. The requirements for the Internet mass media are classified to the requirements for creation and requirements for activity. Framework of categories and concepts in this sphere, particularly in the laws regulating the informational sphere, is also specified. The author reveals attributes of multimedia works that have to be interactive, hypertextual and of a digital form. The classification of objects of copyright and related rights in the digital media environment, which is based on the manner of perception of works by a person, is done. Such works can be textual, visual, audio and combined. Also was the substantiation of the necessity for a differential approach to the determination of the legal nature of news. The news that is presented in its original form and is the result of creative work is proposed to be attributed to copyright objects. Comments of Internet-users from the viewpoint of copyright are also analyzed and certain proposals are given. Legal status of members of copyright-legal relations arising in this sphere, including those of the user and the owner of the Internet media, is analyzed. Activities of such persons as provider, moderator are reviewed; the necessity of improvement of legislation on their activities and provisions on liability is also substantiated. It is given the classification of providers depending on the functional purpose: internet service providers, hosting providers, online service providers. The author proposes to determine the process of transferring of a work from the so-called traditional, analogous form into digital as digitalizing, and the general tendency to create and use works in the digital environment as digitization. Additionally, it is substantiated that the digitalizing of a work is not a violation of the author's moral right to the integrity of the work, but is a peculiar form of its reproduction. It is suggested that in case of non-use of the work by the employer during a certain period time, all exclusive proprietary copyrights for this work shall belong to the author in full. The determination of the time interval should be a prerequisite for a contract between the author and the employer. Other features of conclusion of contracts in digital mass media are analyzed, in particular, the essential conditions of such agreements and their forms. Civil law remedies in copyright protection in this area, especially the self-defence of violated rights, are considered. The mechanisms of elimination of some violations (i.e. on misinformation) are suggested.

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