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PERSONAL NON-PROPERTY RIGHTS OF THE AUTHOR TO THE OFFICIAL WORK IN THE COPYRIGHT LAW OF UKRAINE ; ОСОБИСТІ НЕМАЙНОВІ ПРАВА АВТОРА НА СЛУЖБОВИЙ ТВІР В АВТОРСЬКОМУ ПРАВІ УКРАЇНИ

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  • معلومة اضافية
    • بيانات النشر:
      Одеський національний університет імені І. І. Мечникова
    • الموضوع:
      2024
    • Collection:
      Scientific Periodicals of Ukraine (Ukrainian Research and Academic Network) / Наукова періодика України
    • نبذة مختصرة :
      This scientific article is devoted to the consideration of peculiarities arising in connection with the personal non-property rights of the author to the official work according to the current legislation of our country. Why is it important to clarify this issue and devote time to it? Because it is important to understand whether there is a fair balance between the interests of the employee or employees whose creative work creates the official work (in cases of co-authorship) and the interests of the employer for whom the relevant employees work. After all, although personal non-property rights of the author, according to the current legislation, do not depend on property rights, however, it is personal non-property rights that are the basis on which property rights are built. Thus, without the emergence of authorship, the person who created the work with his creative work does not have all other rights, including property rights. From the analysis of the current provisions of the legislation in this area, in our opinion, it is possible to talk about the existence of certain contradictions. Among such contradictions, the contradiction of Clause 4, Part 1 of Art. 11 of the Law of Ukraine “On Copyright and Related Rights” dated December 1, 2022 (hereinafter referred to as the Law) from Part 1 of Art. 429 of the Civil Code of Ukraine (hereinafter – the Code), paragraph 1 of part 1 of Article 11 of the Law from Part 1 of Art. 429 of the Code, Part 1 of Art. 14 of the Law from Part 1 of Art. 429 of the Code, Part 4 of Art. 11 of the Law with Part 3 of Article 14 of the Law. After considering and analyzing the relevant contradictions, two new versions of the articles were proposed, namely Art. 429 of the Civil Code of Ukraine by excluding the possibility of attaching personal non-property rights to the employer as both a legal entity and an individual for whom the employee works. The second edition concerns the introduction of changes to Part 3 of Art. 14 of the Law on the subject of the fact that the powers granted ...
    • File Description:
      application/pdf
    • Relation:
      http://pd.onu.edu.ua/article/view/304878/298196; http://pd.onu.edu.ua/article/view/304878
    • الدخول الالكتروني :
      http://pd.onu.edu.ua/article/view/304878
    • Rights:
      http://creativecommons.org/licenses/by-nc/4.0
    • الرقم المعرف:
      edsbas.3B205E46