Inheritance Of Exclusive Copyright In Case Of One Of Co-Author'S Death

Abstract

The article considers the models of construction of the legislative mechanism of regulation of inheritance of the share in the exclusive copyright for the work, created in co-authorship. It reveals how the status of the co-author is taken into account in the domestic and foreign legal order when designing the legal regulation of the inheritance of the share in the exclusive copyright in case of death of one of the co-authors. There is an attempt to identify the reasons for the establishment of a differentiated approach to inheritance of the exclusive copyright of a work created in co-authorship. The methodological basis of the study was formed by specific-historical, comparative-legal approach, the method of economic analysis of the law. In the course of the analysis of domestic and foreign legislation four main models of building normative regulation of inheritance of the share of the deceased co-author in the exclusive right were defined. The necessity of establishing of pre-emptive rights of surviving co-authors to acquire a share of the deceased co-author is justified. In the case of heirs, it is possible to establish rules according to which surviving co-authors should be granted the right to buy out from the heirs of the deceased co-author the respective share in the exclusive copyright.