THE USING OF A WORK IN UKRAINIAN COPYRIGHT LAW

Abstract

Problem setting. «The using» is one of the basic categories of copyright law. However Ukrainian copyright legislation doesn’t contain definition of this term. Different opinions, concerning to this question, are presented in law literature.

Analysis of resent researches and publications. The following scientists discovered the specified question: V.A.Belov, E.P.Gavrilov, V.A.Dozortsev, O.M.Melnyk, O.O.Shtefan, O.V.Zhylinkova and others.

Article’s main body. The main modes of the using of a work are provided in Civil Code of Ukraine (articles 441, 442) and Law of Ukraine about Copyright and Related Rights (article 15). Civil Code of Ukraine prescribes next modes of the using of a work: publication (issue), reproduction by any mode and in any form, translation, remaking, adaptation, arrangement and other similar alterations, inclusion as components into collections, databases, anthologies, encyclopedias etc., public performance, sale, transferring to rental (lease) etc., import of it copies, copies of it translates, alterations etc. The using of a work includes other actions, provided in law. Particularly, in Law of Ukraine about Copyright and Related Rights are fixed the next modes of the using: public display, public demonstration, broadcast and communication to the public of the works such that its representatives may access the works in any place and at any time of their own choosing.

We consider that all these modes could be divided into two groups: direct using and indirect using. When created work acquires a new objective form of expression, we are talking about direct using. In some cases it doesn’t create a possibility to perception of a work for the other persons (for example, reproduction), but in other cases such possibility exists (public performance, broadcast, public demonstration etc.). The content of indirect using are the actions for introduction into the civil circuit the original or copies of a work (distribution by first sale, import etc.) or other actions, related with such circuit (transfer to rental (lease)).

Conclusions and prospects for the development. The using of a work provides the actions concerning to a work as a non-material result of creative activity (direct using) or concerning to the material objects, which contain such work (indirect using). Direct using means a secondary giving to a work objective form of expression. Indirect using consists in actions, which are related with the civil circuit of the material objects – the original or copies of a work.