Protection of copyright on the Internet

Alla Kyryliuk; Nataliia Baadzhy; Rehina Honhalo; Nadiya Kapustina; Larisa Galupova

Alla Kyryliuk Department of Intellectual Property Law and Corporate Law of the National University “Odessa Law Academy” https://orcid.org/0000-0002-3051-6599
Nataliia Baadzhy Department of Intellectual Property Law and Corporate Law of the National University “Odessa Law Academy” https://orcid.org/0000-0002-9889-4879
Rehina Honhalo Department of Civil Process of the National University “Odessa Law Academy” https://orcid.org/0000-0001-5903-6604
Nadiya Kapustina Department of Philosophy of the National University “Odessa Law Academy” https://orcid.org/0000-0002-2421-5335
Larisa Galupova Department of Intellectual Property Law and Corporate Law of the National University “Odessa Law Academy” https://orcid.org/0000-0001-6263-2773

Keywords: Intellectual property, copyright, related rights, protection of copyright and related rights, Internet.

Abstract

The problem of improving of legislation in the field of copyright protection is one of the urgent problems facing modern legislation. Due to the rapid development of information and communication technologies, dishonest users have the opportunity to post fragments of other people's creative works on their sites without reference to the author, source of borrowing and without disclosing information about the owners of the site.

According to the main international copyright convention, the Berne Convention for the Protection of Literary and Artistic Works (1886), copyright protection covers a wide array of human creativity - all “literary and artistic works.” Due to the process of digitization all these forms of creativity can be transmitted across the Internet and in case of violation of rights to them, a mechanism for their protection should be developed in a modern society.

It is concluded that information is transmitted via the Internet mainly in the form of creative works that are object to copyright. Moreover, the implementation of any formalities and the fact of publication of the creative work are not needed.

The peculiarities of the legal regime of creative works placed on the Internet, the rights of which are the object of civil protection, were disclosed in the article. The author discloses problems of copyright protection for works posted on the Internet, including the problem of identification of the offender. In the article it is also identified basic ways to protect copyright, such as self-defense and judicial protection.

The author examines issues of copyright protection for creative works posted on the Internet. Technical and legal means and methods of protecting the rights of authors are analyzed, which allow effective protection of creative works placed on the Internet both before and after their infringement.

In the article it is argued that the protection of interests of copyright entities on the Internet depends to a large extent on the technological means that they use. The evolution of these tools and techniques will diminish the role of copyright as a regulator of civil legal relations on the Internet.

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Author Biographies

Alla Kyryliuk, Department of Intellectual Property Law and Corporate Law of the National University “Odessa Law Academy”

Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Intellectual Property Law and Corporate Law of the National University “Odessa Law Academy”

Nataliia Baadzhy, Department of Intellectual Property Law and Corporate Law of the National University “Odessa Law Academy”

Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Intellectual Property Law and Corporate Law of the National University “Odessa Law Academy”

Rehina Honhalo, Department of Civil Process of the National University “Odessa Law Academy”

Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Civil Process of the National University “Odessa Law Academy”

Nadiya Kapustina, Department of Philosophy of the National University “Odessa Law Academy”

Candidate of Juridical Sciences, Associate Professor of the Department of Philosophy of the National University “Odessa Law Academy”

Larisa Galupova, Department of Intellectual Property Law and Corporate Law of the National University “Odessa Law Academy”

Assistant of the Department of Intellectual Property Law and Corporate Law of the National University “Odessa Law Academy”

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