Legal Basis for the Participation of Non-Profit Organizations in the Protection of Copyright and Related Rights

Abstract

Relevance. For a long time the civilistic doctrine did not consider the activity on protection of copyright and related rights in the implementation of collective management as an independent one. It was assumed that it can be carried out in particular by organizations for collective management of rights for realization of their function of collecting remuneration for right holders. Along with organizations for collective management of rights there is a significant number of organizations, including those created by authors and other right holders, which can represent interests and protect the rights of authors and other right holders and claim remuneration due to them, but there is currently no legal regulation of their activity to protect copyright and related rights. At the same time, the development of new technologies, the emergence of new ways of using works and objects of related rights, new options for expressing creative results require the expansion of support for authors and other right holders in exercising and protecting their rights.The purpose of the research is to develop theoretical provisions necessary to improve the legal regulation of copyright and related rights protection activities carried out by non-profit organizations.Objectives: to determine the main features of legal regulation of copyright and related rights protection activities carried out by non-profit organizations; to identify problems associated with the implementation of such activities; to develop proposals for further development of legal regulation of the issues under consideration.Methodology. The author used dialectical-materialistic method, systematic method, methods of analysis and synthesis, formal-legal method.The results of the research are of theoretical and applied nature and are aimed at improving the quality of legal regulation of civil legal relations.Conclusions. The conclusions, made in the article, have the debatable character, directed to the continuation of research in the framework of the declared subject, directed to the development of basic principles, allowing a uniform way to solve the problems associated with legal regulation of organizations, implementing and protection of copyright and related rights, including the collective basis.