THE STANDARD OF ORIGINALITY IN EU AND UKRAINE COPYRIGHT LAW: A COMPARATIVE ASPECT
DOI:
https://doi.org/10.17721/1728-2195/2024/1.127-6Keywords:
originality, criterion of originality, copyright legislation of Ukraine, EU copyright, harmonizationAbstract
Background. In the article, a comparative study of the criterion of the originality of the author's work according to the copyright legislation of the EU and Ukraine is carried out in the context of the harmonization of Ukrainian legislation with EU law in this area.
Relevance of the study is determined by the active process of harmonization of copyright legislation of Ukraine with EU copyright law, as a result of which the determination of the criterion of originality of the work and its compliance with the provisions of EU copyright law deserves special attention.
Purpose of the article is a comprehensive comparative study of the criterion of originality of the work according to the copyright legislation of Ukraine and EU law in this area.
Methods. During the work on the research, a number of general scientific and special research methods were used. In particular, the concept of originality of the work was defined using the method of dialectics. Approaches to understanding the concept of "originality of a work" under Ukrainian copyright law and EU law in this area were analyzed on the basis of methods of analysis and synthesis. Approaches to understanding the concept of "originality of a work" in copyright legislation of Ukraine and EU law were compared using the comparison method. Based on the method of generalization, conclusions and proposals were formulated based on the conducted research.
Results. Based on the results of the research, the conceptual proximity of the provisions of the current copyright legislation of Ukraine and the EU law regarding the definition of the originality criterion was established, and the specificity of each of the outlined approaches was also noted. In addition, the national judicial practice and the practice of the EU Court were analyzed regarding the definition of the criterion of originality of the work and the granting of copyright protection to the latter.
Conclusions. Thus, one cannot speak of complete identity in the understanding of the standard of originality of a work in the copyright legislation of Ukraine and EU law, because there are certain nuances that indicate the uniqueness of each of the approaches.
However, in general, the legislative consolidation of the criterion of the originality of the work in the copyright legislation of Ukraine is a noticeable step on the way to the harmonization of Ukrainian legislation in the field of copyright and related rights with EU law in this area. Thus, EU and Ukraine certainly share a common conceptual framework in their approaches to understanding it.
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