Abstract
The article analyzes some issues and peculiarities of the legal regulation for the restriction on the author's property rights to works in Ukraine through the lens of European and international approaches. The author analyzes the legislation of Ukraine, international and European regulatory sources, directly investigates the completeness of the legal regulation of the lawful free use of the author's work and the restriction of his/her property rights to the work (as a consequence of his/her intellectual activity). The article examines the existing international treaties, ratified by the Verkhovna Rada of Ukraine, and which are recognized as a part of the national legislation of Ukraine. It also analyzes codified and other legal acts adopted to implement the provisions of the Constitution and international agreements in order to determine the peculiarities of legislative regulation and consistency of terminology in the sphere of restriction of the author's property rights to works in Ukraine. As a result of the research, the author has highlighted the main inaccuracies and gaps in the legal regulation for the restriction on property rights to works and the free use of works as a copyright object. Namely, it is traced that in Ukrainian legislation there is a certain inconsistency between the provisions of the Law of Ukraine "On Copyright and Related Rights" and the provisions of the Civil Code of Ukraine, which use identically in meaning the concepts of "free use of works", "restriction of property rights", "exceptions and restrictions on property rights", "the lawful use of a work without the author's consent", which is not in line with international experience. The author concludes on the full implementation of the provisions of the Berne Convention on the three-stage test in national regulations and further improvement of the legislation in order to avoid disagreements with the European legislation in the investigated subject, which should be implemented in the Ukrainian legislation. Keywords: property rights to works, restriction on author's rights to works, free use of works, cases of free use of works, a three-step test, international treaties governing the restriction on property rights to works in Ukraine.
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