Article title Procedural Features of Copyright Protection Cases
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 11/2016
Сторінки [150-158]
Annotation

In the article the issue of application of the law presumption of authorship, presumption of creative nature, proving authorship of computer programs, providing legal protection for concept television program is researched. The author analyzes the legal regulation of these relations. The main theoretical positions and positions of higher courts on the subject of scientific research are considered. Confirmed, that the presumption of authorship gets meaningful value for its application by court, because the defendant must disprove it by appropriate evidence. The author concludes that there are difficulties in applying the presumption of authorship for computer programs by the court. The issue of a possible indication of the author’s name on the copy of the computer program is unresolved, because it’s not able for court to see it. The author affirms that providing legal protection for the rights for the concept of TV shows is possible by objectification of this concept, idea to the form of a script as a kind of literary composition.

Keywords history of legal science, empiricism, positivism, comparativism, classicGerman philosophy, social philosophy, social law, national law, typology of law, legalco-operation.
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