On the form of granting a license to use copyright and related rights objects in certain ways on the Internet

Abstract

Introduction. The high pace of development of the Internet and globalization of processes necessitate the introduction of new approaches to the regulation of relations in the field of intellectual property. The transition of business to online, the use of the Internet as a tool for advertising and promotion of goods and services, including the use of content of other parties, creates new challenges related to the efficient and, at the same time, legal transfer of intellectual property rights between the parties. The purpose of the paper is to highlight the aspects of national legislation that complicate the transfer of rights to copyright and related rights on the Internet and to find solutions to overcome them by enshrining special rules. Results. The paper reveals the need to introduce an individual approach by adopting special rules to determine the forms of transactions for the disposal of intellectual property rights in respect of certain objects in certain ways. In particular, this applies to granting permission (license) to use copyright and related rights objects in certain ways on the Internet. The paper provides examples of the already implemented individual approach to the regulation of intellectual property rights in the national legislation of Ukraine with regard to certain categories of objects. The author analyzes the forms of transactions enshrined in the legislation, the methods of their execution and the consequences of non-compliance with such forms, namely, the written form, in particular, with regard to transactions on disposal of intellectual property rights. The author recognizes the need to introduce alternative methods of granting permission (license) for the use of copyright and related rights objects on the Internet in order to eliminate formal obstacles, which will simplify the process of making such transactions and meet the needs of users of Internet resources who are interested in distributing user-generated content of others. Conclusion. It is proposed to amend the Law of Ukraine "On Copyright and Related Rights" to establish a new type of transaction on the basis of which intellectual property rights are disposed of, namely, a license for reproduction and interactive provision of access to a copyrighted work or a related work on the Internet, and to define the terms and conditions of such a license and the form (method) of its transfer.