PROBLEMS OF DEFINITION OF THE CO-AUTHORSHIP RELATIONS IN CIVIL LEGISLATION OF UKRAINE
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 1, Issue 5
Abstract
This article is devoted to the study of the legal category of co-authorship and revealing of the main features of co-authorship. There is investigated the question of the functional role of the contract, which is concluded between co-authors. In particular, there are considered the main functions of the contract, which is concluded between co-authors. There is provided a detailed description of these functions. The main attention is paid to the regulatory function of the contract, which regulates the civil-law relations between co-authors. It was discovered that the agreement between co-authors is intended to organize and coordinate their joint actions on the use of rights to the object of co-authorship law. It is emphasized that the conclusion of an agreement between co-authors is the only effective way of legal regulation of such relations. After analyzing the legal norms of civil law, it became clear that the existence of an agreement between co-authors is a manifestation of a joint initiative and the implementation of the discretion method in such civil-law relations. It has been established that the co-authorship contract prompts observance of the rights and obligations of each co-author and prohibits violating their rights to third parties. To strengthen the effectiveness of the contract, it is proposed to foresee in it the provision on the responsibility of each co-author both to one another and to the third parties. There is considered the necessity to amend the special legislation in the field of copyright on the existence of a mandatory rule, which contains provisions on the conclusion of an agreement between co-authors as one of the guarantees of the protection of the rights of each co-author.
Authors and Affiliations
Olga Zharko
Keywords
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