THE RIGHT TO REMUNERATION FOR PRIVATE COPYING IN UKRAINIAN COPYRIGHT: DEVELOPMENT PERSPECTIVES IN THE LIGHT OF THE EU ACQUIS
DOI:
https://doi.org/10.17721/1728-2195/2023/2.126-8Keywords:
right to fair remuneration, private copying, case law of the EU Court of JusticeAbstract
Background. The importance of the research topic is due to legislative changes in Ukrainian copyright in connection with the approximation to EU law. The purpose of this study is to highlight the current problems of the author's right to remuneration for private copying and reprography. It is proposed to take into account the case law of the EU Court of Justice on the collection and payment of fair remuneration for private copying and reprography when implementing the provisions of Ukrainian legislation in terms of the criteria for calculating the amount of remuneration.
Methods. The research was conducted using the methods of comparison and analysis.
Results. The following criteria are defined: legal or illegal source of downloading of the object, protection of the work by technical means of protection, economic feasibility, correlation with the price level of the media or device, and exclusion of professional equipment. The author concludes that in certain cases, the mechanisms of statutory remuneration, which is defined in the law of Ukraine through the concept of "fair remuneration", provide right holders with income for the use of works permitted by law, including for reproduction of works for personal purposes ("private copying"). The author identifies the reasons and ways to solve the problem of the inefficiency of private copying provisions in Ukrainian legislation. The author provides a general description of the provisions of Ukrainian copyright in terms of restrictions on the author's exclusive rights, and then defines the current understanding of the EU copyright concepts which have been implemented in national legislation, namely, fair remuneration and certain elements of private copying.
Conclusions. The author recommends that CMOs should apply the criteria established by the EU Court of Justice for the formation of draft tariffs for private copying, as well as the introduction of the obligation of CMOs to inform users about the criteria used to determine specific tariffs in the form of an independent empirical study.
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