Protection of Intellectual Property Rights in the Field of Television and the Internet. The Notion of Teleformat

Denys Vlasiuk,Hanna Chumachenko,Nataliia Baadzhy,Oleksii Podoliev,Ulianova Halyna

doi:10.31207/ih.v10i1.264

Denys Vlasiuk, Hanna Chumachenko + Show 3 more

Open Access

https://doi.org/10.31207/ih.v10i1.264

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Abstract

The article is devoted to the main issues of protection of intellectual property rights in the field of television and the internet, related to the spread of piracy in the field of copyright and related rights, and to the unlicensed copying of television broadcasts. Moreover, there is an emphasis on the exacerbation of existing problems in the context of the Covid-19 pandemic and how this affected the industry. This research considers international and national legislation in the field of intellectual law, international experience of various countries, approaches to theory, and problems of implementing existing measures, in order to propose some options for optimizing existing mechanisms. The research methodology use the following methods: formal-legal, historical-legal, comparative analysis, and modeling. The main issues under consideration are the following ones: international broadcasting regulation, the problem of uniform terminology, and prospects for the legal regulation of copyright in television broadcasting. The authors defend the uncompromising protection of intellectual property, highlighting the lack of basic definitions, to propose their own definitions, in order to avoid the weak copyright protection of television broadcasting organizations.

Highlights

The private property belongs to the basic human rights and the foundations of Western civilization along with freedom and respect for private life
Since the beginning of the 20th century, technical progress in the field of television broadcasting has developed rapidly, which has given rise to the start of active improvement of legal regulation in this area, as a result of which the international legal regulation of television broadcasting today is a complex system with the Berne Convention1 as a basis and international treaties referring to it
Other treaties in the field of copyright protection and protection in the process of television broadcasting are either special in relation to the Berne Convention, or they are not such, but only contain separate references to Berne Convention

Summary

Introduction

The private property belongs to the basic human rights and the foundations of Western civilization along with freedom and respect for private life. This institution became the moral, legal, and material basis for building a modern capitalist society. Intellectual property, as an integral part, played one of the decisive roles in this, because it protected and stimulated discoverers and entrepreneurs to change this world for the better. Since the second half of the 20th century, two main trends have emerged regarding intellectual property. The first is the strengthening of the protection of intellectual property by companies, the second is the increase in the number of market transactions with intellectual property.

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