JUDICIAL PRACTICE OF DISPUTES ON COPYRIGHT PROTECTION ARISING IN THE EVENT OF VIOLATION OF THE TERMS OF THE LICENSE AGREEMENTS

Abstract

The article is devoted to the issue of protection of property rights of creators of computer programs in court in violation of copyright (license) agreements, because there are often cases of use of computer programs by individuals, organizations and enterprises without a license, contrary to current legislation to regulate relations. between the author and the persons who use the work. The purpose of this scientific work is to conduct a legal description, analysis of the current state of protection and protection of property rights of the author, his successors in computer programs on the example of case law. The plaintiffs in this category of cases are: the authors of the works, their heirs and persons who have acquired the rights to the works in accordance with the contract or law (subjects of copyright, their successors); performers of works, their heirs and persons who have acquired related rights in accordance with the contract or the law on performance [10]. Defendants are users (acquirers) of copyright who use the work under a license agreement or copyright agreement. The plaintiff is obliged to prove the fact that he has copyright and related rights, the fact of violation of his rights by the defendant, the amount of damage caused by the Defendant. The court should proceed from the existence of a substantive presumption of authorship. The defendant, who objects to the claim, is obliged to prove compliance with the requirements of Law № 3792–XII when using the object of copyright and related rights, as well as to refute the presumption of guilt caused by civil law. According to Article 18 of the Law of Ukraine “On Copyright and Related Rights” and part four of Article 433 of the Civil Code of Ukraine, computer programs are protected as literary works [3]. Also in judicial practice, in particular in the Resolution of the Supreme Court of Ukraine № 5 of 04.06.2010 it is stated that computer programs are protected as objects of copyright, namely as literary works. Appropriate legal protection also applies to computer programs, regardless of how they are expressed in accordance with the provisions of Article 2 of the Berne Convention for the Protection of Literary and Artistic Works.