Kozlitin D. Related rights of radio broadcasting organizations in Ukraine and the European Union.
The dissertation is a comprehensive study that develops a new scientifically grounded concept of legal protection of broadcasting organisations’ related rights through the prism of the object of legal protection, the subject of rights, the content of moral and economic rights, and cases of free use of broadcasting programmes under Ukrainian and EU law.
The relevance of the topic is determined by significant updates to the legal regulation of media in Ukraine and all aspects of legal protection of related rights of broadcasting organisations, which are oriented towards European integration and have not been the subject of scientific analysis.
Based on an analysis of the provisions of international treaties on related rights of broadcasting organisations, it is established that their legal protection is based on standards that existed in 1961, when the first international treaty in this field was adopted. The initiative to develop a new international treaty that will strengthen international guarantees for the protection of related rights of broadcasting organisations and bring them into line with today's challenges is supported.
It is determined that, at the EU level, related rights are protected by a set of rules contained in various directives, which together form a comprehensive system of related property rights for broadcasting organisations.
The stages of formation and development of Ukrainian legislation in the field of broadcasting organisations and their related rights are substantiated, from the initial regulation of these areas of social relations in the early 1990s to the adoption of new modern legislative acts with a clear European integration focus.
The concept of a broadcaster as a subject of related rights is formed – this is a person who, under their editorial control, forms a radio broadcasting programme and transmits it for simultaneous mass reception by users. The formation of a programme leads to the emergence of an object of future legal protection by related rights, and its emergence occurs as a result of the first broadcast of the radio programme.
It is determined that, under the Law On Media in Ukraine, individuals may act as broadcasters. It is established that the object of related rights should be recognised not as the broadcasting organisation's programme, but as the broadcasting programme as a set of programmes and other information that is combined in accordance with the programme concept and broadcast by the broadcaster according to the programme schedule. A distinction is made between the broadcasting organisation's programme and the compiled work, with justification for different regimes of legal protection of copyright and related rights.
A system of characteristics of moral rights in the field of related rights is developed, highlighting the peculiarities of acquiring these rights that are not inherent in other moral rights.
It is established that the economic related rights of broadcasting organisations to reproduce and distribute recordings of programmes are not exercised in practice, since each programme, as a set of specific components, is designed for single use. The enshrinement in the law of the reproduction and distribution of programme recordings is designed to enable broadcasting organisations to prohibit the reproduction and distribution of recordings of their programmes and thus prevent their illegal use.
It is justified that the cases of free use of copyright and related rights objects provided for by law do not apply to the activities of broadcasting organisations in the formation of a broadcasting programme as an object of related rights, since this does not fall within the sphere of public interests that must be ensured by legislation in the field of copyright and related rights. A broadcasting programme as a collection of various materials may fall under the cases of free use of related rights in a rather limited way, since such cases are mainly intended for the use of individual programmes within a broadcasting programme.
Based on the results of the study, it is proposed to clarify the interpretation of terms: broadcasting organisation programme, broadcasting organisation, broadcaster, editorial control, audio information as part of a broadcasting organisation programme, formation of a broadcasting organisation programme, broadcasting and retransmission of a broadcasting organisation programme, and interactive access to a broadcasting programme.
The results of the study revealed gaps, conflicts in the norms of the legislation of Ukraine and provided suggestions for its improvement.
