1.

1. avtorske right in the objective sense is the body of law governing the range of public relations for the establishment and use of works of science, literature and art.

Copyright in the subjective sense - it is moral and property rights arising from the author in connection with the creation of his work and protected by law.

The object of copyright law relationships are intangible benefit as a product of spiritual creativity, namely the works of science, literature and art.

Institute For copyright characteristic principle of non-use of any formalities for a work to its object. This principle is enshrined in Article 2 §. 433 CC, as well as in art. 11 of the Law "On Copyright and Related Rights" (hereinafter - the Law) and means that the copyright in a work arises from the fact of its creation. For its origin and implementation is not required to register the product or any other special its design, as well as compliance with all other procedures. A person who is the creator, exercise special sign of «copyright» © inform that it has copyright and should not prove their identity, as the law provides for the presumption of authorship of the person listed as the author on the original or copy of the work. Obligation proof of membership may be assigned to it only in the course of the proceedings in the case contesting this fact by another person.

2. Subjects of Copyright

The subjects of copyright are the authors of the works specified in Article 8 hereof, their heirs, and with whom the authors or their heirs transferred their proprietary rights.

LAW OF UKRAINE On Copyright and Related Rights (Article 7), Kyiv, 23 December 1993 N 3792-XII (as amended by Law N 2627-III of 11.07.2001)

Primary subject of copyright is the author of the work. In the absence of evidence to the contrary by the author of the work is the individual referred to in the usual way as an author on the original or copy of the work (presumption of authorship).

The subjects of copyright are also other individuals and entities who acquired the rights to the works under the contract or the law.

CIVIL CODE OF UKRAINE (st.435) Kyiv, January 16, 2003 N 435-IV (Civil Code of Ukraine shall take effect on January 1, 2004)

Subjects of copyright - authors of the works referred to in Article 8 of the Law of Ukraine "On Copyright and Related Rights", their heirs, and with whom the authors or their heirs transferred their proprietary rights.

CABINET OF MINISTERS OF UKRAINE RESOLUTION On state registration of copyright and contracts relating to copyright (Order, paragraph 2) of 27 December 2001 N 1756 Kyiv

According to Art. 435 CC: 1. Primary subject of copyright is the author of the work. In the absence of evidence to the contrary by the author of the work is the individual referred to in the usual way as an author on the original or copy of the work (presumption of authorship). The subjects of copyright are also other individuals and entities who acquired the rights to the works under the contract or the law.

The author - a person whose creative work in a work. The author may only be an individual. Author - the original copyright holders. The author is a person indicated on the original or copy of the work. If real author of the work is the person who is not listed on the original or copy of a work, it must prove his authorship. This so-called presumption of authorship. In recognition of the author's identity does not matter his age or state capacity.

The subject of copyright may be not only the author but also other osoby.Spadkoyemtsi: The legacy can go only property rights, moral rights inheritance not move.

The employer (customer): property rights in a work created in connection with the employment contract (order) include the employee who created the work, and the legal entity or individual where or in which he is employed or the customer together if otherwise provided in the contract.

The person who receives the property rights to the work under the contract is also subject to copyright.

Co-authors are people shared creative work of a work. According to Art. 436 CC: 1. Copyright in a work created in collaboration belongs collaborators together, regardless of whether such work is one indivisible whole or composed of parts, each of which may have even self-importance. Part of the work of joint authorship, is recognized as having independent significance if it can be used independently of the other parts of this work.

 Each of the authors retains its copyright on the part he created, which has independent significance.

Relationships between colleagues can be defined by the contract. In the absence of such agreement the copyright in the work carried out by all colleagues together.

Co-Authorship is of two kinds:

Indivisible contribute - when it is impossible to allocate work each collaborator;

Separate contribute - when component parts of the work is clearly defined and known to the authors who created each piece.

However, copyright in all work created in collaboration belongs to all collaborators at every kind of co-authorship. But each retains the right to co-authorship on the part he created.

Work each collaborator should be creative. May not be considered a co-author the person who provided logistical, technical or financial assistance without providing personal creative contribution.

Co-Authorship should be voluntary. Remuneration for the use of copyright belongs to all collaborators in equal shares, unless otherwise provided by agreement between them.

Is also co-author copyright interviews. Co-authors of the interview is the person who was interviewed, and the person who took it. Publication record interviews allowed only with the consent of the person who was interviewed.

Legislation: Law of Ukraine "On Copyright and Related Rights" from 23.12.1993 № 3792-XII

Subjects of Copyright

   The subjects of copyright may be individuals or legal entities.

   Among individuals should first identify the authors, ie, creators of copyrighted works. Author of a work is the primary subject of copyright. The subjects of copyright are also heirs of the author, and the person whom the author or his heirs transferred their proprietary rights. They are the creators of a work, and acquire copyright by contract or law.

   The subjects of copyright may also be legal persons who acquired the rights to the works under the contract or the law.

   In most cases, the author of a work of science, literature, art is one person. According to Art. 11 of the Law "On Copyright and Related Rights" is the primary author of the entity that owns the copyright. In the absence of evidence to the contrary by the author of the work is the person listed as the author on the original or copy of the work (presumption of authorship). This provision shall also apply when work is published under a pseudonym identifying the author.

   In some cases, the creative process involved several people. referred to as co-authors. An important condition for co-authorship is that the contribution of collaborators in the work must be creative. That is not to say contribute if one person dictates the novel, and the other writes it negotiates with the publisher, pulls paper for publication, etc.. Civil theory establishes two types of co-authorship: separate and indivisible. In undivided co-creative work is impossible to distinguish each collaborator. In separate collaboration components work clearly defined and known exactly who the authors wrote this or that part of it.

   The result indivisible co-authorship were such famous works as "The Twelve Chairs" (I. Ilf and Yevgeny Petrov), "Republic SHKID" (G. White and L. Panteleev). In the double surname Boileau-Narsezhak releasing their psychological detective novels are frequent winners of the "Grand Prix for the best adventure novel" P. Boileau and T. Narsezhak. After discussing the general outline of future detective, they worked in different cities. Boileau as a mathematician developed sophisticated engineering plot moves and Narsezhak, talented stylist, studied the psychological characteristics of actors, literary text processing. Examples indivisible co-authorship in art can be works of Soviet artists Mikhail Kupriyanov, PA Krylov and Sokolov (Kukryniksy).

   Number of authors can be unlimited. In 1927, the novel was written by a collective "Great Fires", co-authors who were 27 writers.

   An example of a separate co-authorship in the legal literature may be textbook "Civil Law of Ukraine", edited by A. Zeri and N. Kuznetsova, written by the creative team. In art example is the sculptural ensemble "Big Fountain" at the exhibition of achievements of national economy in Moscow, some pieces of which are performed by different sculptors.

   The result was a separate co-authoring the script and novel J. London "Hearts of Three," which he wrote with Charles Howard. Agreeing broadly stunning story, they divided and work: each of them must write to 15 pictures, not knowing what will happen in the near episode or twelve episodes that co-writes. As Charles Howard wrote much faster then J. London, treating its tenth picture received from Charles Howard is final fifteen and learned that the main character is married with that woman ...

   The practical significance of this separation is that if you contribute is split, each of the authors reserves the right to dispose of the part he created, including a ban on its use, unless otherwise provided in the contract between the co-authors.

   In some cases, if a work of joint authorship, copyright it belongs collaborators together. Each of the authors retains its copyright on the part he created, which has independent significance.

Article 435. Subjects copyright.

Published by Jurist on Fri, 12/05/2008 - 10:12

1. Primary subject of copyright is the author of the work. In the absence of evidence to the contrary by the author of the work is the individual referred to in the usual way as an author on the original or copy of the work (presumption of authorship).

2. The subjects of copyright are also other individuals and entities who acquired the rights to the works under the contract or the law.

1. The author - a person whose creative work in a work. The author may only be an individual. Author - the original copyright holders. The author is a person indicated on the original or copy of the work. If real author of the work is the person who is not listed on the original or copy of a work, it must prove his authorship. This so-called presumption of authorship.

In recognition of the author's identity does not matter his age or state capacity. In the minors or incapacitated persons who created the work, there is a right of authorship. Proprietary rights to these works are carried out on behalf of relatives and guardians. Persons capacity is restricted exercise their intellectual property rights with the consent of their guardians. Persons aged 14 to 18, exercise their rights independently.

At the level of the citizens of Ukraine have the right to foreign citizens and stateless persons.

The author is recognized as the person who created their own creative work subject to copyright.

2. The subject of copyright may be not only the author, but another person. These persons are the heirs. In legacy can go only property rights, moral rights inheritance not move.

Other copyright is the employer and the customer. Moral intellectual property rights in a work created in connection with the employment agreement and order, the author of the work. Some moral rights in a work may belong to the employer and the customer.

Property rights in a work created in connection with the contract, includes workers who created this work, and the legal entity or individual where or in which he is employed or the customer, together, unless otherwise provided by contract.

Author of a work has the opportunity to conclude an agreement on the transfer of property rights at work or on the transfer of right to use the work. The person who receives the property rights to the work under the contract is also subject to copyright.

3.

Article 8. Objects of Copyright

     1. Objects of copyright works are in science,

literature and art, namely:

     1) literary written works of fiction,

journalistic, scientific, technical or other nature

(Books, pamphlets, articles, etc.);

     2) speeches, lectures, speeches, sermons and other oral works;

     3) computer programs;

     4) database;

     5) musical compositions with or without words;

     6) dramatic, musical and dramatic works, pantomimes,

dance and other works created for stage performance and their

staging;

     7) audiovisual works;

     8) works of fine art;

     9) architecture, urban planning and landscape

art;

     10) photographic works, including works made

ways similar to photography;

     11) works of applied art, including works

decorative weaving, pottery, carvings, lyvarstva with

art glass, jewelry, etc. (Paragraph 11 of the first

Article 8 was amended by the Law N 850-IV

(850-15) of 22.05.2003)

     12) illustrations, maps, plans, drawings, sketches, plastic

works relating to geography, geology, topography, engineering,

architecture and other areas;

     13) stage of works specified in paragraph 1 of this

part, and folklore for stage;

     14) derivative works;

     15) collected works, collections of folklore, encyclopedias

and anthology, data, and other composite works

provided that they are the result of creative work for the selection,

coordination or arrangement of the contents without violating copyright

rights to the works included them as components;

     16) translated text for dubbing,

Subtitling Ukrainian and other languages ​​of

audiovisual works;

     17) other works.

     2. Protection under this Law shall be subject to all the works referred to in

Part one of this article, as published, was not made public,

both completed and not completed, regardless of their purpose,

genre, scope, purpose (education, information, advertising and propaganda

entertainment, etc.).

     3. Stipulated in this law protection applies only

the form of expression of the work and does not extend to any idea,

theory, principles, methods, procedures, processes, systems, methods,

concepts, discoveries, even if they are expressed, described,

explained or illustrated in the book.

 The article is 10. Objects that are not protected

     It is not subject to copyright:

     a) daily news or current events that have

regular press information;

     b) works of folk art (folklore);

     c) issued by government authorities within their powers

official documents of a political, legislative, administrative

nature (laws, decrees, regulations, judicial decisions, state

etc.) and their official translations;

     d) State symbols of Ukraine, government awards; symbols and

signs of government authorities, the Armed Forces of Ukraine and other

military formations; symbols of territorial communities; characters and

signs of enterprises, institutions and organizations;

     e) banknotes;

     e) schedules of vehicles, schedules

broadcasts, telephone directories and other similar base

Data that do not meet the originality criteria and to which the

extends right sui-generis (peculiar, special right

kind).

     Projects official symbols and signs specified in paragraph "d"

and "d" of this article, to their approval

considered as works and protected under this Act.