Copyright Compliance with Non-contractual Transfer of Exclusive Rights to Works

Abstract

Relevance. The author researches legislative provisions, judicial practice and scientific publications on the issues of transfer of exclusive rights to works to third parties without a contract. The legislation establishes various grounds for such a transfer (reorganization of a legal entity, inheritance, foreclosure on the property of the right holder), but not in all of these cases the rights and legitimate interests of authors and their heirs are fully taken into account. The article substantiates additional measures aimed at taking into account the interests of the author as a "weak party" of the arising legal relations.The purpose of the study is to determine measures aimed at balancing the interests of participants in civil legal relations while respecting the rights of authors of the results of creative activity.Objectives: to determine the peculiarities of the non-contractual transfer of exclusive rights to other persons, including the inheritance of copyrights, foreclosure of exclusive rights to works and reorganization of legal entities; identify contradictions between the interests of authors and other persons in the non-contractual transfer of exclusive rights to works.Methodology. The dialectical-materialistic method, systematic method, methods of analysis and synthesis, formal-legal method were used in preparing the work.The results of the research are of theoretical and applied nature and are aimed at improving the quality of legal regulation of unusual aspects of civil legal relations. Conclusions. The conclusions made in the article are of a discussion nature, aimed at the continuation of research in the framework of the stated topic. In case of non-contractual transfer of the exclusive right to other persons contradictions between the interests of authors, their heirs, other right holders, creditors, reorganized legal entities and other individuals and legal entities are manifested. The principle of priority observance of the author's rights should be applied in all cases, but the search for legislative solutions and development of judicial practice should also take into account the need to achieve a reasonable balance of interests of all participants of civil legal relations.