PROBLEMS OF USING OBJECTS OF RELATED RIGHTS IN SOCIAL NETWORKS

Abstract

This article is dedicated to the study of the use of related rights objects in social networks. During the preparation of the article, possible ways of using phonograms and videograms in such social networks as Instagram and Tik Tok were investigated. The inclusion of the subject of related rights in an audiovisual work, phonogram or videogram was found to be the most common of such uses. It was established that the specified method of using objects of related rights does not belong to the cases of possible free use of objects of related rights and requires the permission of the right holder for such use. Based on the analysis of legal acts in the field of copyright and related rights management, as well as the terms of use of social networks Instagram and Tik Tok, a list of methods was formed by using which users can obtain permission to include a phonogram and/or videogram in another phonogram/videogram. During the research, it was found that the easiest and most convenient way to obtain a license to include a phonogram and/or videogram in another phonogram and/or videogram and/or audiovisual work is to obtain it directly from the corresponding social network by using those objects of related rights that are placed in the so-called "libraries" of objects of such a social network. The methods of obtaining a license for the use of objects of related rights in the absence of the possibility of obtaining such a permit directly in the required social network are considered and analyzed in detail. In the process of conducting the research, the main shortcomings of the management of related property rights in the field of «inclusion in a phonogram, videogram, audiovisual work» personally by the right holder and with the help of a collective management organization using a form of voluntary collective management were identified and described.