Responsive image
Article PROTECTION OF COPYRIGHT AND RELATED RIGHTS INFRINGED THROUGH THE INTERNET
Authors
Olexandra Yavorska
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 1 / 2018
Pages 81 - 90
Annotation

According to the Law of Ukraine “On the State Support of Cinematography in Ukraine”, Section V “Protection of Copyright and Related Rights”, the Law of Ukraine “On Copyright and Related Rights” has been supplemented with new articles defining the procedure for discontinuing the infringements of copyright and (or) related rights through the Internet. However, these provisions contain many controversial issues resulting in differences in the administration of law. Given a small number of works focused on the study of this issue, it should be noted that in the legal literature so far no unified approach has been formed with regard to the out-of-court procedure for the protection of copyright (related rights) infringed through the Internet. The purpose of the article is to describe the out-of-court procedure for the protection of copyright (related rights) infringed through the Internet and to provide justification of the proposals on the improvement of legal regulation of such relations. The author shows that the changes and amendments made to the Law of Ukraine “On Copyright and Related Rights” are intended to encourage efficient legal protection of copyright and (or) related rights which are infringed through the Internet. It is proved that the undoubtedly positive aspects of such novelties is the identification of subjects which may be required, on the basis of a respective request, to eliminate an infringement, as well as clear rules as to the content of such a request proper and to the actions to be taken and the timing of its consideration. The author comes to the conclusion that consideration of requests for elimination of copyright and (or) related rights infringements through the Internet addressed to owners of websites (webpages) and hosting service providers may not serve as a prerequisite for seeking legal protection directly in a court of law. The author believes that there is an unreasonable restriction of a person’s right to protection in the legislative provision requiring mandatory involvement of a lawyer in the process of filing a request to a website (webpage) owner or a hosting service provider for elimination of infringements committed through the Internet. Efficient protection of infringed rights will not be facilitated by excessive formalization of requirements to the content and form of the request and its submission, as well as to some of the procedural aspects of their consideration.

 

Keywords protection; copyright; the Internet; website owner; intellectual property
References

List of legal documents 
 

Legislation 
1. Pro avtorske pravo ta sumizhni prava [On Copyright and Related Rights]: Zakon Ukrainy [Law of Ukraine] vid 23 hrudnia 1993 r. № 3792-XII. URL: http://zakon2.rada. gov.ua/laws/show/3792-12 (accessed: 22.11.2017) (in Ukrainian). 
2. Pro derzhavnu pidtrymku kinematohrafii v Ukraini [On the State Support of Cinematography in Ukraine]: Zakon Ukrainy [Law of Ukraine] vid 23 bereznia 
2017 r. № 1977-VIII. URL: http://zakon3.rada.gov.ua/laws/show/1977-19 (accessed: 
22.11.2017) (in Ukrainian). 
 

Bibliography 
 

Edited books 
3. Yavorska O ta inshi, IT PRAVO [IT LAW] (Oleksandra Yavorska red, Vydavnytstvo “Levada” 2017) (in Ukrainian). 

Articles 
4. Shtefan A ta Zerov K, ‘Prypynennia porushen avtorskoho prava i sumizhnykh prav u merezhi Internet: ohliad zakonodavchykh novel’ [‘Elimination of Infringements of Copyright and Related Rights in the Internet: a Review of Novel Legislation’] 2017 (3) Teoriia i praktyka intelektualnoi vlasnosti 18 (in Ukrainian). 

Websites 
5. Sulyma O, ‘Zakhyst avtorskykh prav v merezhi Internet po-novomu’ [‘Copyright Protection on the Internet Anew’] (Yurliha, 18 Traven 2017) accessed 23 November 2017 (in Ukrainian). 

 

Electronic version Download