Peculiarities of the contract on the creation to order of objects of related rights under the legislation of Ukraine

Abstract

The work is devoted to the study of the peculiarities of the contract for the creation to order of objects of related rights under the legislation of Ukraine. The work analyzes these features through such issues as the subject composition of adjacent rights, the moment of emergence of adjacent rights, the moment of transition of adjacent rights from the primary subjects of adjacent rights to the customer, features related to the legal nature of objects of adjacent rights , in particular such an object as the performance and program of the broadcasting organization, the question is raised about the need to balance the interests of the primary subjects of related rights with the powers of the customer to accompany the work with prefaces, afterwords, etc., the connection of these powers with the personal non-property rights of the creator (primary sub object of related rights), as well as with the concept of originality, since according to the requirements of the current legislation, only original works are subject to protection (it is undeniable that the objects of related rights must also be original). Also, in addition to this, the provision on surveillance rights is analyzed. And although this provision does not apply to the objects of related rights, but taking into account the close relationship between the objects of copyright and the objects of related rights, this issue is also considered by us. Thus, the author proposes to make changes to the relevant current version of the article of the profile Law of Ukraine «On Copyright and Related Rights», in connection with the fact that the provisions of the current norm on the right of resale take place only in the case of sale, resale. But what if the object is alienated, but the form of such alienation is not a contract of sale, but a contract on creation to order? In the work, the author analyzes and compares the norms of the above-mentioned profile Law with the norms of the Civil Code of Ukraine on the issue raised in the article on the subject of their consistency. As a result of the analysis of these norms and the legal nature of the contract on the creation to order and the contract for the use of the object of intellectual property rights, a distinction is made between these types of contracts with the proposal of a new version of the corresponding article in the relevant Law and its consistency with the corresponding article in the Civil Code of Ukraine. Also, attention is drawn to the lack of mention in the relevant Law of such an object of related rights as a broadcasting organization program, in particular in Part 7 of Article 36 of the Law, in connection with which the author also proposes his own version of the relevant norm. Special attention in this work is devoted to the issue of ownership of property rights to the created objects of adjacent rights to the primary subjects of adjacent rights and consideration of the transfer of such property rights from the primary subjects to the customer as a result of the contract on creation to order.