2. Objects of Copyright

The object of copyright law is a work of science, literature or art, expressed in any objective form. Work - is the result of the creative work of the author, a set of ideas, images, beliefs and so on. In Art. 5 of the Copyright Act contains a list of objects of copyright and their common features. It can be oral works (speeches, lectures, reports, speeches, sermons, etc.), writing (literary, scientific, technical), musical works, translations, scripts, works of art and more. The law does not give the full list of copyright, because life in their development can lead to new and new forms of objective expression of creative activity.

The object of copyright can not be any work, and the only one that has certain statutory, features: a) creative b) expression in an objective manner.

The object of copyright can only be the product that is the result of the creative work of the author. Not considered copyrighted purely technical work (eg, republication on another typewriter work or even his literary treatment - editing, proofreading, etc.).

The product can be expressed in any objective form, but always playable perception. The most objective form may be oral, written (notes, drawings, diagrams, recording on the disc, magnetic tape, photographs, etc.). The idea of ​​a writer or composer in the mind of the author has already been formed in complete form, an image, a certain combination of sounds, but not expressed outwardly in any form will not be considered subject to copyright.

Objects of copyright can be choreographic works and pantomimes. Anthology of folk songs, laws, court decisions, etc. give rise to copyright only if it has a creative selection and placement, but does not apply to the content of the collected works.

Objects of copyright is a translation of a work in another language, because the work is creative interpreter.

Objects of copyright are different kinds of musical works with or without it (instrumental - symphonies, sonatas, string quartets and vocal - lyrics, songs, etc.), as well as musical drama - opera, operetta, ballet. Musical works if they are not recorded, copyrighted become since the first public performance.

Copyright is recognized for any work in science, literature, art, regardless of its form, commitment and artistic value. This provision is important because protects works of different artistic level and goals, including those that were not intended by the author for publication (eg, letters, diaries, personal notes, impressions).

Contents artistic or scientific work can also be expressed in one form or another. Yes, scientific works may be embodied in verbal scientific literary or other forms - maps (geographical, geological), drawings, sketches, models, models, etc.. Even more diverse are the forms of fiction - literature, music, painting, architecture, graphics. Sometimes a work of art as a whole appears from the use of not one but two or more forms, such as musical and dramatic works (or music and text, or music and dance).

The current level of science and technology makes it possible to create complex compositions, which combine several forms, such as film and television films (literary text, music, scenery, etc.). The object of copyright is the film as a whole. However, objects of copyright in an audiovisual work can be scripted, music, explanatory text, the work of the main operator, an art director who came to the part of the work (Article 21 of the Copyright Act).

So work as an object of copyright embodied in a material form: manuscript notes, sculpture, painting and more. But copyright in the work (as an intangible object of copyright) and ownership of the thing in which he embodied are independent from each other. So do not confuse the work as an object of copyright and the thing - the manuscript, picture books. On thing to which materially embodied work, there may be ownership, use, etc., but not copyright. Thus, the sale of his book, the writer does not deprive him of copyright infringement (Article 10 of the Copyright Act).

Objects of copyright.

 The object of copyright law is a work of science, literature or art, expressed in any objective form. Work - is the result of the creative work of the author, a set of ideas, images, beliefs and so on. In Art. 5 of the Copyright Act contains a list of objects of copyright and their common features. It can be oral works (speeches, lectures, reports, speeches, sermons, etc.), writing (literary, scientific, technical), musical works, translations, scripts, works of art and more. The law does not give the full list of copyright, because life in their development can lead to new and new forms of objective expression of creative activity.

The object of copyright can not be any work, and the only one that has certain statutory, features: a) creative b) expression in an objective manner.

The object of copyright can only be the product that is the result of the creative work of the author. Not considered copyrighted purely technical work (eg, republication on another typewriter work or even his literary treatment - editing, proofreading, etc.).

The product can be expressed in any objective form, but always playable perception. The most objective form may be oral, written (notes, drawings, diagrams, recording on the disc, magnetic tape, photographs, etc.). The idea of ​​a writer or composer in the mind of the author has already been formed in complete form, an image, a certain combination of sounds, but not expressed outwardly in any form will not be considered subject to copyright.

Objects of copyright can be choreographic works and pantomimes. Anthology of folk songs, laws, court decisions, etc. give rise to copyright only if it has a creative selection and placement, but does not apply to the content of the collected works.

Objects of copyright is a translation of a work in another language, because the work is creative interpreter.

Objects of copyright are different kinds of musical works with or without it (instrumental - symphonies, sonatas, string quartets and vocal - lyrics, songs, etc.), as well as musical drama - opera, operetta, ballet. Musical works if they are not recorded, copyrighted become since the first public performance.

Copyright is recognized for any work in science, literature, art, regardless of its form, commitment and artistic value. This provision is important because protects works of different artistic level and goals, including those that were not intended by the author for publication (eg, letters, diaries, personal notes, impressions).

Contents artistic or scientific work can also be expressed in one form or another. Yes, scientific works may be embodied in verbal scientific literary or other forms - maps (geographical, geological), drawings, sketches, models, models, etc.. Even more diverse are the forms of fiction - literature, music, painting, architecture, graphics. Sometimes a work of art as a whole appears from the use of not one but two or more forms, such as musical and dramatic works (or music and text, or music and dance).

The current level of science and technology makes it possible to create complex compositions, which combine several forms, such as film and television films (literary text, music, scenery, etc.). The object of copyright is the film as a whole. However, objects of copyright in an audiovisual work can be scripted, music, explanatory text, the work of the main operator, an art director who came to the part of the work (Article 21 of the Copyright Act).

So work as an object of copyright embodied in a material form: manuscript notes, sculpture, painting and more. But copyright in the work (as an intangible object of copyright) and ownership of the thing in which he embodied are independent from each other. So do not confuse the work as an object of copyright and the thing - the manuscript, picture books. On thing to which materially embodied work, there may be ownership, use, etc., but not copyright. Thus, the sale of his book, the writer does not deprive him of copyright infringement (Article 10 of the Copyright Act).

List of copyright:

• Literary work

• Music composition

• Work of Art

• Work of arts and crafts

• Work Architecture

• Work Cartography

• Photographic work

• Drafted work

• Database

• Computer program

• Audiovisual work

• Stage work

• Work in Science

• Work in translation

• Work in Recycling

4.

Article 15. Property rights of the author

     1. The proprietary rights of the author (or other person who has copyright

right) are:

     a) the exclusive right to use the work;

     b) the exclusive right to authorize or prohibit the use of work

others.

     Property rights of the author (or other person who has copyright

right) can be assigned (alienated) to another person in accordance with

Article 31 of this Law, then the person becomes

subject to copyright.

     2. The exclusive right to use the work by the author (or other

person who holds the copyright) allows him to use

work in any form and by any means.

     3. The exclusive right of the author (or other person who has copyright

right) to allow or prohibit the use of works of others gives

him the right to authorize or prohibit:

     1) playback works;

     2) public performance and broadcast of works;

     3) public display and public display;

     4) Any re-publication of works, if

carried out by an organization other than the one that carried out the first

disclosure;

     5) translations of works;

     6), adaptations, arrangements and other similar changes

works;

     7) inclusion works as components in collections,

anthologies, encyclopedias, etc.;

     8) the distribution of works by the first sale, alienation

otherwise, or by transferring property lease or rental, and

by other transfer to the first sale of copies of the work;

     9) the submission of their works to the public so the public

way that its representatives can access the works

any place and at any time of their own choosing;

     10) transfer property lease and (or) commercial rental after

first sale, alienation or otherwise original

audiovisual works, computer programs, databases

data, music as sheet music form, and works

fixed in a phonogram or videogram or in readable form

computer;

Imprint

   Copyright divided into moral and property. By moral rights include:

   a) the right to recognition of human creator object of copyright;

   b) the right to prevent any encroachment on its copyright, which would be prejudicial to his honor or reputation of the author;

   c) The right to request specifying your name in connection with your use of the work, if practicable;

   d) the right to prohibit an indication of his name in connection with your use of the work;

   e) the right to choose an alias in connection with your use of the work;

   g) the right to inviolability of the work.

   Work is published under a pseudonym - a phenomenon quite common in the literature. Thus, G. Simenon of 415 over 200 published novels under pseudonyms. Many writers have become known to a wide range of readers just under pseudonyms: P. Rudchenko - Panas Mirny, L. Kosach - Lesya Ukrainian, P. Gubenko - Ostap Cherry, M. Vilinskiy - Marco Gyroscope and others.

   In the centuries. 439 CC immunity work inadmissibility interpreted as a distortion, mutilation or other modification of a work or any other violation of a work that may harm the honor or reputation of the author, as well as support the work without his consent illustrations, preface, afterword, commentary and more.

   The proprietary rights of the author are:

   a) the right to use the work;

   b) the exclusive right to authorize use of the work;

   c) the right to prevent unauthorized use of a work, including such use and prohibit others.

   Use of works is his publication, translation, processing, arrangement, public performance, sale, etc..

   The exclusive right means that no person other than the one that owns the copyright, may not use the work without permission.

   Moral rights of authors of works can not be transferred to others. They belong to the author regardless of property rights and retained by him even if the assignment of property rights to use the work.

   Property rights of the author can move on to other subjects of copyright under the Act, the contract or by way of inheritance.

   Property rights to the object created in connection with the contract, includes workers who created the object, and the legal entity or individual, in which he works, unless otherwise provided by contract.

Article 440. Intellectual property rights at work

Published by Jurist on Fri, 12/05/2008 - 10:14

1. Intellectual property rights at work are:

1) the right to use the work;

2) the exclusive right to authorize use of the work;

3) the right to prevent misuse of the product, including prohibit such use;

4) other intellectual property rights established by law.

2. Property rights at work are those of the author, unless otherwise provided by contract or law.

1. In most cases, the creators of copyright create their works to obtain a benefit for themselves or their loved ones. Therefore, the state should permit authors to receive this benefit. This law gives the author's economic rights, the most important in its significance.

The primary of these rights is the right to use the work. Eligibility - this extract from a work of useful qualities. Methods of removal can be very diverse, most importantly that they do not contradict the law. Article 441 CC provides a list of actions that are using the product:

Use of a work is its:

1) publishing (publish);

2) reproduction by any means and in any form;

3) translation;

4), adaptations, arrangements and other similar changes;

5) the inclusion of part to collections, databases, anthologies, encyclopedias, etc.;

6) public performance;

7) the sale, transfer of lease (rent), etc.;

8) import it copies, copies of his translations, revisions, etc..

This list is not exhaustive, because modern means allow the use of a work is in many ways, each of which can not be predicted in the law.

The exclusive right to authorize use of the work - is one of the rights available to intellectual property rights. This issue is governed by Chapter 75 of the Central Committee. The language of it will go to in Article 443 CC.

Each subject of copyright has the right to prevent the unlawful use of his works, including prohibit such use. This can be done by informing about their rights. Such a notification is a warning sign marking the work of copyright protection.

One way to prohibit unauthorized use of a work is a direct message the person who makes such use of the copyrighted work. There are other means of preventing and prohibit misuse.

But if the property right of the author of the work violated the law provides an opportunity to protect rights. Actions that infringe copyright provided for in Article 50 of the Law of Ukraine "On Copyright and Related Rights". The most common of them - is piracy and plagiarism.

Piracy - This publication, reproduction, importation into the customs territory of Ukraine, export from the customs territory of Ukraine and distribution of counterfeit copies of works, ie copies created in violation of copyright.

Plagiarism - this publication, in whole or in part, of another work under the name of the person who is not the author of this work.

Protect Copyright possible in the manner provided civil, criminal and administrative law. Civil legal way to protect rights is an appeal to the court.

2. Property rights in a work may belong to the author of the work, his heirs and persons to whom the law passed by the contract. There are also cases of lawful use of a work without the author's consent.

Property rights of authors

First author or other person who has copyright the exclusive right to use the work in any form and by any means. Exclusive right - right when no person other than the one where the copyright or related right shall not use the product, not having a permit (license), except in cases provided by the Law "On Copyright and Related Rights".

The law gives the author or other person who has copyright the exclusive right to authorize or prohibit:

1) reproduction of works, that making one or more copies of a work in any material form, including sound and video, and records of the work or phonogram for temporary or permanent storage in electronic (including digital), optical or other form which reads machine. Instance - the result of any reproduction of the work;

2) public performance and broadcast works. Public performance - this idea works, performances, phonograms, broadcasts of broadcasting organizations by recitation, playing, singing, dancing and otherwise as direct (live performance), and using any devices or processes (excluding the broadcast or by wire) in places where there are or may be present persons who do not belong to the normal circle of family or close friends of the family, regardless of whether they are present in the same place at the same time or at different locations and at different times.

Public notification (notification to the public) - the transfer of air or wire images and (or) sound works, performances of phonograms, broadcasting organizations broadcasting when these images or sounds may be perceived uncertain number of persons;

3) public display - any demonstration of the original or copies of works, performances, broadcasts of broadcasting organizations or directly on the screen with film, slide, television frame etc. (except broadcasts or by wire) or other devices or processes uncertain number of persons;

4) Any re-broadcast on the air or by wire already broadcasts, if carried out by the organization;

5) translation works. Original author himself can translate his work in another language (the author's translation). If the author's translation nobody else can translate this work in the same language. From the author's translation should be distinguished logged in translation, that is approved by the author;

6), adaptations, arrangements and other similar changes in the works;

7) distribution works through sale, alienation or by other means, rent or rental, and other transfer to the first sale of copies of the work;

8), rent after the first sale, disposal other means of audiovisual works, musical compositions as sheet music form, and works fixed on a phonogram or in a form that reads the machine;

9) importation of copies of works.

The above list is not exhaustive. The author has the right to authorize or prohibit the use of their works, and in other ways.

However, legislation to some extent restricts the author's exclusive right to use the work. A work without consent of the author is called free use. You may in some cases free use of works without the author's consent and without paying him royalties, and free use of a work without the author's consent, but paying him royalties.

Without the consent of the author or any other person that has a copyright, but with mandatory indication of the author and source of borrowing is permitted:

a) the use of quotations (brief excerpts) from published works;

b) use of literary and artistic works as illustrations in publications, broadcasts, recorded by audio or video educational nature;

c) reproduction in print, broadcast or other public notice published in a newspaper or magazine articles on current economic, political and religious issues, or the broadcasting of works of the same nature, if it is not specifically prohibited by the author;

d) play to highlight current events by means of photography or cinematography, broadcast or other public communication works seen or heard in the course of such events;

e) edition published works Braille for the blind;

e) the reproduction of works for judicial and administrative proceedings;