НАРУШЕНИЕ НА АВТОРСКИТЕ ПРАВА ПРИ СВОБОДНОТО ИЗПОЛЗВАНЕ НА ПРОИЗВЕДЕНИЯТА
COPYRIGHT INFRINGEMENT IN THE FREE USE OF THE WORKS

Summary/Abstract: The topic of this article is devoted to the "institution of free use" of author's works. It clarifies the essence of use, both in national legislation and in international treaties. The every hypothesis from the cases of free use of the works without the author's consent without and with payment of compensation, provided for in the law, has been analyzed. There are presented arguments regarding the need to regulate parody as a form of free use and its inclusion in the specified regulations. A comparison is made between the "institution of the “free use" and that of "fair use" established in the countries of the Anglo-Saxon legal system. In parallel, the cases of violation in the permissible use of the objects of the copyright are indicated. The elements that form the factual composition of the copyright infringement and give rise to the tort liability of the infringer are presented. The civil law order for the protection of the violated exclusive right has been examined.

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