Private copying in the system of copyright restrictions under the law of Ukraine "On the copyright and the related rights"
Private copying in the system of copyright restrictions under the law of Ukraine "On the copyright and the related rights"

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Summary/Abstract: The article presumes the existence of certain shortcomings at the level of the legal norm on the regulation of issues related to the carrying out of private copying as a copyright restriction. As is known, copyright should provide the author with a legal basis for supervising the type and scope of his work and making them dependent on the payment of remuneration. According to this principle of copyright, the formalization of exclusive right of an author is exhaustive, which means that any use of his work is under his control. Such a wide aspiration of the Law of Ukraine "On Copyright and Related Rights" to ensure the protection of the rights of the author is, moreover, in the fact that for repeated use, which follows one after another, not only the so-called primary use is taken into account, but every subsequent use of the work - the so-called secondary use (Article 20 of the Law of Ukraine "On Copyright and Related Rights"). This aspiration to protect the rights of the author is opposed by copyright restrictions as regulated by Articles 21–25 of the Law of Ukraine On Copyright and Related Rights. Definition of restrictions is based on the fact that copyright law, as well as any absolute right, is related to the social sphere and thus subject to certain restrictions in favor of society. The purpose of copyright restrictions is to serve the interests of society. At certain points, they cancel the author's exclusive right and thus serve to precisely delineate the outlines of rights that remain with the author within the scope of use defined by the concept of the work and the rules applying to the content of the rights. As for the shortcomings, then, firstly, it remains uncertain neither at the legislative level nor in practice, what exactly refers to the "personal purpose" of free reproduction of works. Secondly, only works which are presented in book (paper) form it is possible copying without payment of remuneration. Thirdly, the legislation of Ukraine regarding regulation of questions of the collection of payments by the manufacturers and the importers of the equipment and tangible mediums has certain disadvantages. Fourthly, the provisions of Ukrainian legislation with regard to technical means of protection do not take into account the copyright restrictions, especially regarding the free reproduction of works for personal purposes – the Article 25 of the Law of Ukraine On Copyright and Related Rights.

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