ON THE APPROXIMATION OF DOMESTIC COPYRIGHT STANDARDS TO EUROPEAN ONES

Abstract

The principles of legal regulation of social relations in the field of intellectual property, including relations in the field of copyright and related rights, are laid down in the norms of the Constitution of Ukraine as the Basic Law of the State. The Constitution of Ukraine guarantees citizens freedom of literary, artistic, scientific and technical creativity, protection of intellectual property, their copyrights, moral and material interests arising in connection with various types of intellectual activity. Every citizen has the right to the results of his intellectual and creative activity; no one can use or distribute them without his consent, with exceptions established by law. Everyone has the right to own, use and dispose of their property, the results of their intellectual and creative activity. Currently, unfortunately, both national legislation and international legal acts do not contain norms that provide a clear definition of the object of copyright or related rights. However, in the system of current regulatory and legal acts, a list of such objects is meaningfully distinguished, moreover, certain requirements are put forward regarding the results of intellectual and creative activity. One of the issues of practical interest and related to the general doctrine of protection of copyright and related rights is the definition of their organizational and legal form. Protecting the interests of authors in society, their rights in connection with the use of their works, ensuring the most favorable conditions of interaction between the author and users, especially abroad, can best be achieved through specialized organizations created for one or another type of copyright management. Such organizations are, as a rule, non-commercial. All funds collected by them are distributed among the authors and used in the interests of the authors, after deducting the costs for the creation and operation of such an organization.