Kostiv O. Legal regulation of relations of collective management of property copyrights and related rights

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number


Applicant for


  • 081 - Право. Право


Specialized Academic Board

ДФ 26.500.013

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


The dissertation research identifies the features and patterns of legal regulation of collective management of property copyright and related rights and formulates proposals and recommendations for improving the existing system of rules governing these relationships. In Section 1 "Evolution, essence and legal nature of collective management of property copyrights and related rights" the historical and legal analysis is carried out and regularities of formation of system of collective management of property are revealed. Among the international regulations that laid the foundation for the development of collective rights management in the study were analyzed: Berne Convention for the Protection of Literary and Artistic Works, International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, WIPO Performance and Phonograms Treaty, Model Law on copyright and related rights. In studying the evolution of national legal regulation of the institute of collective rights management, it is proposed to present the periodization of such development through the presence of three stages. Section 2 "Analysis of the peculiarities of the management of property rights of copyright and related rights on a collective basis" examines the three forms of collective management of rights, introduced by the updated special law in this area. It is about voluntary, compulsory and extended management. When considering voluntary collective management, the rule on the right to freely choose a collective management organization is analyzed and qualified as an important guarantee for right holders, as it creates healthy competition in this area of relations and only those organizations that most effectively can hope to transfer a significant amount property rights. Considerable attention in the study is paid to the issues of regulatory and legal support of the institute of withdrawal of property rights from management. Considering the agreements on the representation of rights, it is indicated that they can be an element of public relations exclusively voluntary collective rights management. This restriction on the scope of this type of agreement is, in our opinion, a logical and correctly regulated by the legislator, because it is impossible to transfer the representation of the interests of persons who did not directly transfer the right to manage the primary collective organizations. In the study of compulsory collective management, all areas provided by law were analyzed. Examining the areas of mandatory collective rights management, it is proposed to recognize the provision on the transfer of twenty-five percent of the income from rights collected by an accredited organization for reprographic reproduction of works, as well as for private copying for the development of Ukrainian culture unconstitutional. In the study of the legal regulation of mandatory collective management in the field of retransmission, we pointed out the problem of the absence of broadcasting organizations in the list of persons to whom the funds from the collected remuneration will be distributed. In Section 3, “Prospects for the Further Development of the Institution of Collective Management of Property Copyright and Related Rights,” we outlined aspects of improving the legal regulation of such management in the context of European integration processes, as well as WIPO research in this area. It is pointed out that by ratifying the Association Agreement between Ukraine on the one hand and the European Union, the European Atomic Energy Community and their Member States on the other, our state has undertaken to approximate, inter alia, national legislation to EU legislation in the field of intellectual property. property. Considerable attention in the study was paid to the analysis of Directive 2012/28 / EU of the European Parliament and of the Council of 25 October 2012 on certain cases of permitted use of orphan works, and in this regard the expediency of increasing works ", as long as they have such a status. Keywords: collective rights management, copyright and related rights, collective management organizations, accreditation of organizations, collection and distribution of remuneration, right of owners, catalog, voluntary, mandatory and extended collective management.


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