The legal nature of the author’s personal non-property rights

Abstract

In this article, the author analyzes the essence of the legal nature of the author’s personal nonproperty rights. It is noted that copyright studies conducted in Germany based on the philosophical concept of I. Kant (a right related to the personality of the creator) played an important role in protecting the author’s personal rights in continental Europe. These scientific investigations played a decisive role in the emergence of the doctrine of personal nonproperty rights of the author, which are designed to ensure the protection of the personality of the creator in his work.The monistic and dualistic concept of personal non-property rights of the author is considered. It is argued that the monistic concept interprets all the powers of a personal (non-property) nature recognized by the author as a manifestation of a single and indivisible copyright, where the significant difference between the legal regime of personal non-property and property rights to works does not mean that the question of the legal nature of the author’s non-property rights is resolved in advance . The author supports a dualistic approach in revealing the legal nature of the author’s nonproperty personal rights, since it is still better argued and contains practical points that are important both for the process of using personal non-property and property rights, as well as for law enforcement activities, where it is necessary to observe a clear distinction between the understanding of the legal regime of the author’s non-property and property rights.The essence of the author’s personal nonproperty rights is revealed through the analysis of the attributive features of these subjective rights, which ensure the connection of the creator with the work created by him and protect his personality embodied in it. The specified features include the non-property nature of the author’s personal rights, the inherent nature of the fact of authorship, their absoluteness, essentiality and inalienability. The last feature is optional, while the others are mandatory. The optionality of such a feature as the inalienability of the author’s personal non-property rights is associated with the possibility of transferring such a non-property right of the author as the right of state registration of copyright to the work to other persons.