Proprietary interests of produc¬ers of television format

Abstract

In the article, the author considers the property interests of manufacturers of television format. Determines who can be a television format manufacturer.The producer should have exclusive rights only on those objects-elements used in the television format, as well as on objects created by him in person. Object-elements or parts thereof created during the production of a teleformat but for various reasons not included in the television format as a whole should belong exclusively to their au­thors. If the producer wishes to acquire rights also for objects (works) that are not in­cluded in the format, he will need to conclude certain relevant contracts for these works or parts of them. The only exception to this rule may be the case of granting rights to use individual items-elements for television-format advertising.Since the authors of the teleformat have a director, scriptwriter, and author of a spe­cially created musical composition for a format, the owner of the whole set of property rights to the television format (in accordance with the contract) is its producer, which may be any person, including legal, which took the initiative and responsibility for the production of such a work, but only within the use of a particular teleformat.It should be borne in mind that television format may include objects that have differ­ent terms of legal protection (for example, copyrights and rights of performers), which are subject to a different calculation procedure and have different legal regimes.It is expedient to see the television studio and producers see the position that when using a complex object, the person who arranged for its creation has the right to indicate his name, name or pseudonym. Note: this is already widely practiced on television.It should be emphasized that among persons who are not subjects of copyright to the teleformat, but can dispose of the rights of authors, there are organizations for collective management of intellectual property rights. As stated in the legal litera­ture, the collective management of intellectual property rights is the most effective mechanism of legal regulation of the circulation of various objects of copyright with their large-scale use.The main disadvantage of collective management of property rights in accordance with the provisions of Articles 47 (Part 3), 48 (Part 2, 3) of the Law of Ukraine «On Copyright and Related Rights» is the existence in the legislation of the simultaneous provision of the exclusive nature of property rights and the model «Advanced Collec­tive Management of Intellectual Property Rights». We believe that the existence in one copyright and legal system of two mutually exclusive legal institutions is a signif­icant obstacle for the normal realization of the subjects of copyright relations of their subjective rights.