PROBLEMS OF IMPLEMENTATION OF JUDICIAL PROTECTION OF SUBJECT'S COPYRIGHT AND RELATED RIGHTS BY MEANS OF COLLECTIVE MANAGEMENT ORGANIZATION
DOI:
https://doi.org/10.17721/1728-2195/2022/3.122-9Keywords:
organization of collective management, copyright, related rights, violation, appeal to the courtAbstract
The urgency of the research is due to the need to identify and analyze problems that make it impossible for collective management organizations to implement one of their key functions – to go to court to protect the property rights of right holders.
The purpose of the study is to identify the main problems of judicial protection of copyright and related rights with the help of collective management organizations and to suggest ways to eliminate such problems.
The object of the study is the implementation of the functions of collective management organizations related to appealing to the court for protection of property rights of rights holders and monitoring the legality of the use of copyright and (or) related rights.
In the research a number of general scientific and special methods of cognition, such as: formal-logical, comparative-legal and systemic was used.
The particular functions of organizations of collective management of property rights of copyright holders in the field of copyright and related rights are analyzed, which are included in the appeal of such organizations to the court on behalf of the right holders concerning the protection of property rights of right holders and monitoring the legality of the use of objects of copyright and (or) related rights in accordance with the areas of rights management for which the organization is registered, as far as objects of copyright and (or) related rights are concerned with the property rights transferred to its management. A study aimed at determining the main components necessary for the successful implementation by collective management organizations of the function of judicial protection of property rights of copyright holders in the field of copyright and related rights.
The main types of collective management in Ukraine are identified and the reason for the difference in the implementation of collective management within such types is emphasized.
Considerable attention is paid to the analysis of case law in cases involving collective management organizations related to the prosecution of users who used copyright and related rights in their activities without obtaining permission from copyright holders for such use and/or without concluding a contract with the organization of collective management.
As a result of the study, the author outlined the problems of judicial protection of copyright and related rights with the help of collective management organizations, suggested the main reason for collective management organizations to sue for protection of property copyrights and related rights and formed conclusions concerning one of the possible options for solving the identified problems.
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