The dissertation is devoted to the research of administrative and legal bases
of ensuring in Ukraine protection of objects of copyright and related rights, which
are expressed in digital form. The general theoretical and practical issues of
ensuring the protection of copyright and related rights, expressed in digital form,
are covered.
The historical way of the institute of protection of copyright and related
rights on the territory of modern countries, such as Ukraine, the USA, the countries
of Western Europe is investigated. Particular attention is paid to the development
of administrative and legal relations for the protection of digital objects of
copyright and related rights.
The author emphasizes that intellectual property law is one of the oldest
components of social and legal relations, and problems related to this area of law
have often come to the fore in European society. The need to protect intellectual
property arose because of the authors' desire to retain the right to benefit from their
work, as well as through constant cases of encroachment on intellectual property
products. Despite the fact that the problem of intellectual property rights and its
protection has always been quite relevant, antiquity and the Middle Ages did not
know universal codes that would provide the appropriate legal basis for intellectual
property rights.
It is argued that new times and significant progress in production have led to
the branching of intellectual property rights, as there is a need to regulate complex
legal relations in the field of industrial inventions and in the field of copyright in
works of art. With the development of international relations, the system of
copyright registration is becoming more complex and globalized, there are
international institutions for regulating legal relations in the field of intellectual
property. The gradual development of this area continues to this day and will
continue in the future through the constant development of technologies for the
production and transmission of information.
The peculiarities of legal regulation of the existence of objects of copyright
and related rights, expressed in digital form, are studied. The author emphasizes
that the objects of copyright, expressed in digital form, act as information
disseminated through communication channels, and the legal regulation of
protection and circulation of such information belongs to the subject area of
information law. This requires the inclusion in the subjects of information relations
not only authors, rightholders and others who are directly involved in the creation,
distribution and use of works, but also entities that provide the technical side of
information exchange.
The conclusion is substantiated that the nature of objects of copyright and
related rights, expressed in digital form, is somewhat wider than copyright, it puts
forward additional requirements to the legal regulation of their circulation and
protection due to the fact that such requirements also go beyond information law.
The presence of such features, as well as homogeneous social relations arising
from the creation, dissemination and use of works of literature, science and art,
expressed in digital form and the protection of such objects in a technically
complex and science-intensive global information environment, is a good basis for
the emergence of a separate institution for the protection of such objects, namely
the institution for the protection of copyright and related rights to objects expressed
in digital form.
It is established that the main principles of protection of copyright and
related rights to objects expressed in digital form, which are implemented in
information and legal ways are: the principle of cross-border and transparency of
the global information environment; the principle of responsibility of participants
of information exchange for illegal placement of materials protected by copyright
in the information space; the principle of limited liability of the communication
operator for the storage and transmission of information protected by copyright,
without the permission of its copyright holders; the principle of the possibility of
restricting access to information to protect the legitimate interests of authors and
right holders.
The current state of copyright and related rights protection at the national
and international levels has been studied. International experience shows the need
to use fundamentally new approaches to legal regulation in this area. At the same
time, some countries, such as Germany, the United States, and France, have
developed the necessary legal instruments that should be implemented into
Ukrainian national law, such as legislative regulation of service providers, filesharing services, and others.
