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PROTECTION OF COPYRIGHT
PRIVATE LEGAL FIRM
«ELITE-CONSULTING»
Belan Dmitry Anatolyevich 
Theoretical prerequisites of copyright are based on the need for mankind to have a broad access to all the achievements of intellectual creative activity and the consequent obligation to pay those who contribute to the emergence of additional dissemination of these achievements. In the broad sense, by copyright is understood the totality of personal (non-property) rights, which are in no way connected with the receipt of profit and retribution, but serve directly for the protection of the author's interests, and the author's property rights; In the narrow - this is the property benefits of the author, which he has the right to transfer to other persons by concluding an author's contract.
At the present time, in Ukraine, the use of copyright is in no way a fully developed sphere of activities, although legal prerequisites are for this: the law "On the copyright benefit of additionally related rights" adopted by international standards, our empire is a party to the World Convention, in addition to the Berne Convention on Copyright Privilege.
From the Law of Ukraine "On the author's privilege additionally related rights" (Part 2, Article 11) it follows that the emergence and implementation of copyright in Ukraine does not require any formality of Part 3 of Art. 11 of the Law provides for the author's exemption, only similar to the face that possesses copyright privilege, use the copyright protection symbol to notify of his rights. This sign consists of the letter © - the Latin letter "C", which is the first letter of the English word "copyright", enclosed in the circle, the name of the owner of the author's privilege and the year of the first publication of the work, which alienates the owner of the author's privilege with the advantages: first, he notifies An unlimited circle of individuals that his privileges to the created work of teaching, literature or art are protected by the empire; Secondly, on the territory of Ukraine the owner of the author's privilege can easily prove in court that the infringer of his rights acted consciously, because he knew about their protection; Thirdly, it is also important that the rights of the creator in foreign states will be protected on the basis of the provisions of international conventions and treaties to which Ukraine has acceded or which it has concluded.
In accordance with Part 1 of Art. 11 of the Law, the creator of the work is the face indicated as the creator on the original or the copy of the work (the presumption of authorship), unless otherwise proved in the judicial procedure.
Unfortunately, the owners of copyrights not only do not realize the full importance of copyright, but in some cases they even do not even suspect of their existence. That this does not happen at all, it is necessary to note: authorial privileges are already a commodity, that is, as if for any other commodity there is demand for it, that is why there are faces willing to acquire it; Registered copyright is a prerequisite for fair competition in the Ukrainian market. With the help of the author's privilege, the creators, on the one hand, will be able to properly build their relations with employers, having received the maximum profit, only employers - to avoid huge losses, not to mention the effectiveness of not only the product itself, but also the rights to it.
If the requirements of the law are complied with, the author or the copyright holder will be able to legally use a wide range of civil and legal means of protecting the rights and legitimate interests, since compensation for copyright infringement can be obtained only in the opposite case it will be difficult to protect them.
Taking into account the above, it can be concluded that knowledge and observance of copyright authorization legislation will not only prevent any material costs or hardships, but additionally it will be able to bring a considerable income to creators additionally to other copyright owners.
The author has the following personal (non-property) rights:
Require recognition of his authorship, mentioning his name in connection with the use of the creation, if this is practically possible.
To forbid the mention of his name, if he as if the creator wants to remain anonymous.
Choose yourself a pseudonym (fictitious name) in connection with the use of the work.
Require the preservation of the integrity of the work and resist any distortion or other change or any other encroachment on the work, which can damage the honor and fame of the author.
No less important for the sake of the author, natural or legal persons, to whom the author's privileges were transferred through the conclusion of an author's agreement, it is only similar for the employer, is the existence of property rights, t. The material well-being of the above-mentioned persons depends on them.
The property rights of the creator include:
Exclusive benefit to the use of the work;
Exclusive privilege to permit or prohibit the use of the work by others.
The exclusive privilege of the creator to permit or prohibit the use of the work by other persons alienates to him the right, in particular, to permit or prohibit:
Reproduction of works;
Public execution;
Public demonstration;
Any re-publication of works, if it is carried out by another organization than the one that carried out the first publication;
Translations of works;
Recasting, adapting, arranging additionally other similar changes in the work;
Inclusion of works as if parts in compilations, anthologies, encyclopedias;
Distribution of works by the route of the first sale, alienation;
Import of copies of the work.
This list of property rights is in no way exhaustive.
For violations of copyright and related rights to persons guilty of committing them, various types of legal liability can be applied: administrative, civil, criminal. In connection with the particular urgency of the task, it is necessary to dwell on the criminal-legal form of responsibility. The criminal responsibility for unlawful acts in this area, taking into account the specific circumstances of the occupation, may come on the basis of various articles of the General Additional Particular Elements of the Criminal Code of Ukraine, but Section 5 of the Special Element of the Criminal Code of Ukraine "Crimes Against Electoral, Labor and Other Personal Human Rights and Freedoms and Citizen "contains article 176" Infringement of copyright privileges and related rights ", which is a special rule providing for responsibility for crimes in this sphere. According to the disposition of this article, the illegal reproduction of an illegal act, the dissemination of works of study, literature, art, computer programs and databases is illegal, it is only equal to the illegal reproduction, distribution of phonogram and broadcast programs, their illegal replication, distribution on audio and video cassettes, Diskettes, other media, and other use of other people's products, computer programs and databases, objects of related rights without the permission of persons who have copyright or related rights, if these actions caused material damage in a large amount. For the commission of these acts, a fine is prescribed in the form of a fine in the amount of 100 to 400 tax-free minimum incomes of citizens or correctional labor for a period of up to a couple of years, with confiscation of all copies of works, media of computer programs, databases, performances, phonograms , Broadcasting programs, equipment and materials intended for their production in addition to reproduction.
The qualified composition of this crime forms the same actions committed repeatedly or caused material damage in an especially large amount.
Particularly qualified personnel form all of the above actions committed by an official with the use of the official position with respect to the subject.
Material damage is considered to be inflicted on a large scale if the value of the objects of misconduct or the result of the income received from committing actions that violate copyright and related privileges exceeds by 100 times or more the minimum income of citizens not taxed at all, and caused in a particularly large amount - The income of a thousand more more than once exceeds the minimum income of citizens not subject to tax.
Employees of our company will help you to understand the law in the best way and in the shortest time, only the most important thing - for a moderate remuneration will protect your copyrights.
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