Implementation;

phonogram and videogram;

program (transfer) of broadcasting organizations.

Subjects related rights are performers, producers of phonograms and broadcasting organizations. The performers are singers, actors, musicians, conductors, dancers, and other persons performing works of literature or art, etc.. However, according to Art. 450 CC of Ukraine related rights may be other persons who acquired such rights under contract or law. Because of the related rights can be divided into primary subjects of related rights (actors, musicians, dancers, etc.) and persons who acquired the appropriate rights under contract or law. These persons are the heirs and other successors.

Each of the above groups of subjects entitled to as non-proprietary and proprietary nature. The proprietary rights inherent to all subjects related rights include:

right to use an object of related rights;

exclusive right to authorize the use of an object of related rights;

the right to prevent unauthorized use of related rights, including to prohibit such use;

other intellectual property rights established by law.

Contents property p

rav artist is revealed in art. 39 Law of Ukraine

"On Copyright and Related Rights". So property rights shall be their exclusive right to authorize or prohibit others:

public of their uncommitted performances (live);

fixation on phonograms or videograms their performances have not been fixed;

reproduction (direct and (or) indirect) of their performances fixed without their consent in a phonogram or videogram or with their consent, but if the reproduction is made for purposes other than those for which they gave their consent;

distribution of their performances fixed in a phonogram or videogram through the first sale or other transfer of ownership in the case when during the first fixation performance did not authorize the phonogram producer (producer videogram) for further reproduction thereof;

commercial rental, tenancy of their performances fixed in a phonogram or videogram, if not fixing their consent for commercial rental and tenancy, even after propagation performances have phonogram (videogram) or with his permission;

distribution of their performances fixed in phonograms or videograms through any means of communication so that any person can access them from any place and at any time of their own choice, if the first fixation performance was not their consent for this type of distribution.

Contractor also includes moral rights:

require the recognition that it is the performer of the work;

require that the name or pseudonym mentioned or reported in connection with each of his appearances, recordings or performances, if possible;

required to provide good quality recording of his performance and oppose any distortion, mutilation or other significant changes that could prejudice his honor and reputation.

Subjects related rights is also broadcasting organization. In Art. 41 of the Law of Ukraine "On Copyright and Related Rights" defined property rights of broadcasting organizations, which include the exclusive right to use their programs in any way, and the exclusive right to authorize or prohibit others:

broadcast their programs by broadcast and relay;

fixing their programs on a physical medium and playback;

public performance and public display of their programs in places with paid entrance.

Law of Ukraine "On Copyright and Related Rights" establishes certain restrictions on the proprietary rights of performers, producers of phonograms, broadcasting organizations. In particular, allows the use of performances, phonograms and broadcasts, their fixation, reproduction and communication to the public without the consent of performers, producers of phonograms and broadcasting organizations if:

said objects are reproduced solely for the purpose of study or research;

the reproduction right does not apply to export reproducible sample-Kiv phonograms and broadcasts from the customs territory of Ukraine;

related rights shall retain the right to a fair remuneration to the number of reproduced copies.

Related rights

Quite often, the product of the author may not be available to the general public only through the careers of others (mu ¬ zykantiv, producers, publishers, and others.). That they used ¬ ing their professional qualities, can present work in the form of the most interesting and accessible to the public. An important role is played by various technical means.

Chapter 37 of the Central Committee of Ukraine, part III Law of Ukraine "On av ¬ Torske and Related Rights" provide legal protection of neighboring rights of performers, producers of phonograms, broadcasting organizations and their successors.

Related rights develop in parallel with the author's great ¬ tion. However, activity creators (authors' works) is primary, serves as the foundation for the emergence of related rights. In a way common can only work that has already cos ¬ Rena.

In the civil law definition of literature exists sumizh ¬ them rights. Related rights - the right of performers on the results of creative activity, their heirs and persons who are legally related proprietary rights to perform, Rights of phonograms and their successors (PRA ¬ vonastupnykiv) and persons who are legally related proprietary rights to phonograms and video, as well as organi ¬ zations speech and their successors, are protected by copyright.

According to Article 499 Civil Code of Ukraine, the objects of related rights without performing any formality about these objects and regardless of their purpose, content, value, etc., as well as the manner or form of its expression is:

a) performance;

b) phonograms;

c) videogram;

g) program (transfer) of broadcasting organizations.

Primary related rights are a performer, you ¬ producers of phonograms manufacturer videograms broadcasting organization. Unless proven performer, producer of phonograms, programs (programs) broadcasting organization shall be a person name (name) which indicated respectively in phonograms ¬ mi, videogram their specimens or on the packaging, as well as in the transmission of speech.

Other persons who are the subjects of related rights, if they are acquired and ¬ cal under law or contract.

Operators may be citizens of Ukraine, foreign citizens and stateless persons, regardless of age. This could be an actor (theater, cinema, etc.), singer, musician, dance ¬ favor or other person who acts, sings, reads, studies would help ¬ declarations, playing a musical instrument, dancing or any other ¬ PWM method performs works literature, art or folk art, circus, vaudeville, puppet room, Mr. ¬ tomimy etc., and conductor of music and musical Drama ¬ them works.

Phonogram producers recognized any natural or legal person who took the initiative and responsibility for the first sound recording of a performance or other sounds.

Manufacturer videogram - natural or legal person who posts the initiative and are responsible for the first videoza nuc-performance or any moving images (with accompanying sound, and without it). Producers of Phonograms and videograms have exclusive rights to the reproduction of their phonograms and videoh ¬ frames in any form and by any means, distribution of phonograms and video to the public, the right to any vydozmi ¬ well their phonograms and others.

Broadcasting organization is a legal entity - an organization ether ¬ tion of broadcast or cable broadcasting organization (broadcasting-organization). It has the exclusive right to use their programs in any form, to permit or prohibit pub ¬ symbolic notification of their programs through their relay Fix ¬ tion on a physical medium, reproduction of their broadcasts and the wires, public broadcasting programs in the areas of pay entrance, and prohibit the dissemination in Ukraine from Ukraine or signal that carries the program body which spread the signal and for which he was appointed.

Intellectual property pursuant to arise from mo ¬ ment of the first of its implementation.

Intellectual property rights on the phonogram or videohramu arises from its output.

Intellectual property transfer (program) organiza ¬ tions broadcasting there since its first implementation.

A person who has a joint right to notice of his rights may use the special character set legisla ¬ nom. This mark consists of three elements: the Latin beech ¬ you R in a circle - ®; behalf of (name) the holder of the exclusive neighboring rights, of the first publication of the phonogram (for example ¬, © Songs of the year 2003).

According to Article 44 of the Law of Ukraine "On Copyright pra vo ¬ and related rights," moral rights of performers (PRA ¬ vo recognize that the person is the executor, the right to require that the name or pseudonym mentioned or reported in connection with each performance artist, record or performance (if applicable) may require to ensure the proper recording quality of this performance and to object to any distortion, spot ¬ vorennyu some significant changes that could harm his honor and reputation) - protected in perpetuity . Proprietary rights shall be protected for 50 years from the date of the first record of performance.

10.

Collective management of copyright

1. Concepts and methods of management of property rights of copyright and related rights

According to the current legislation of Ukraine of copyright and related rights are free to use and dispose of his works, both personally and manage their rights by attorney or collective management organization.

Registration of rights to one or other intellectual property, are usually very complex process that requires professional knowledge. Now a days there are special and successful professionals that administer economic rights of copyright and related rights.

A copyright and related rights may entrust the management of their property rights attorney, which concluded a special agreement of authorization. Attorney must follow applicable law, act only within the powers assigned to the subject. One of the main functions of attorney is to protect the rights and legitimate interests of authors and other copyright and related rights. Attorney shall act on behalf of and in the interests of the person who entrusted the management of their collective rights.

Authors of works of science, literature, art, artists, producers phonograms, broadcasting organizations have the right to form organizations that administer economic rights of authors and other copyright and related rights on a collective basis. These organizations are called of collective management of property rights. Such organizations exist in many countries, there are also international organizations, collective management of property rights, such as the International Organisation of actors, the International Organization of musicians and others.

In Ukraine there are organizations such collective management of property rights: State Enterprise "Ukrainian Agency on Copyright and Related Rights"; Ukrainian Union of subjects of copyright and related rights "Charm"; Business Combinations "Ukrainian Music Alliance"; Association enterprise "Ukrainian league music rights"; Ukrainian NGO "Agency Protection of Performers", Association "House Authors of Music in Ukraine" Ukrainian public organization "Author", Association "Guild of Videogram and Phonograms", Social Organization "All-Ukrainian Agency Copyright and Related Rights ", Public Organization" Ukrainian Agency on Copyright "; Social Organization" All-Ukrainian Copyright Agency. " The main scope of collective management organizations have collective management of economic rights of performers.

According to the Law of Ukraine "On Copyright and Related Rights" collective management organizations must perform on behalf of authors and other copyright and related rights on the basis of powers granted by them following functions:

a) agree with those that use of copyright and (or) related rights, remuneration under a contract;

b) enter into contracts for the use of rights assigned to management. The terms of the contracts must comply with the provisions of Articles 31-33 of the Law of Ukraine "On Copyright and Related Rights";

c) to collect, distribute and pay fees collected for the use of copyright and (or) related rights to copyright and (or) related rights, rights which they operate, as well as other legal entities in accordance with the Law of Ukraine "On Copyright and Related Rights";

d) perform other actions provided by law, are necessary to protect the rights, managed by the organization, including to go to court to protect the rights of copyright and (or) related rights under statutory authority and mandate of these entities .

Collective management organizations can manage in Ukraine proprietary rights of foreign copyright and (or) related rights on the basis of agreements with similar foreign organizations, including mutual and representation.

Collective management organizations can entrust on the basis of agreements with similar foreign organizations manage collectively overseas property rights of Ukrainian copyright and (or) related rights, including the mutual representation.

On the basis of the authority of collective management organizations provide to any person by entering into contracts with them non-exclusive rights to the use of copyright and (or) related rights.

Collective management organization may require persons using objects of copyright and related rights, providing them with documents that contain detailed information about the use of these facilities, necessary for the collection and distribution of remuneration.

Copyright and (or) related rights that neperedaly collective management organizations the power to manage their rights, including the collection of remuneration shall be entitled to require the collective management organizations for which the remuneration for the use of their works and objects of related Human collected, payment of remuneration, and to require removal of their works and objects of related rights of permits for use provided by the collective management organizations by contracting with individuals who use these facilities.

Collective management organizations have the right to keep on their account the amount of remuneration without a request received from individuals using copyright and (or) related rights. After three years from the date of receipt at the expense of collective management organizations relevant sums amount of remuneration without request can be used for regular payments to copyright and (or) related rights, or for other purposes stipulated in their statutes, in the interests of copyright and related rights.