Intangible Rights Research Articles

Право ребенка на семейное воспитание: проблемы защиты в аспекте конвергенции публичных и частных интересов

The article analyzes the features of the child’s right to education, the specifics of its implementation in modern conditions, determines its legal and social purpose, and the degree of influence on the child’s development. It has been proven that such an intangible right of a child is distinguished by a combination of public and private interests, the convergence of which allows each parent to freely exercise their right to raise a child, and the state, represented by public bodies, to ensure the protection of the rights of the child as a priority in the event of improper fulfillment by parents of their rights and responsibilities.

The Right to Health as a Personal Non-property Right in Relation to Work

The article is devoted to the problem of personal intangible labor rights, which is little studied in the science of labor law, as the most important part of the content of the labor relationship, which has become relevant during the transition of society to the information state. The right to health is one of the most important personal intangible right of an employee. Due to its binding nature, it can be carried out only in an employment relationship, therefore it is necessary to legalize it as one of the main subjective rights of an employee in the Labor Code. The current Labor Code does not contain the concept of personal non-property rights and does not include the basic rights of an employee as such. Even though the fact that personal character as a sign of an employment relationship has always existed throughout the history of labor law (both legally and in doctrine). In the science of labor law, the question of the need for in-depth research of the non-property part of the labor relationship has historically remained relevant, although ambiguously understood. Our science has accepted deeply researched civil law categories of personal non-property rights and intangible benefits, but it seems that not all of them are relevant for personal non-property labor rights. The article attempts to critically analyze the opinions expressed in science and offer their views on this controversial issue.

The Resilience Families of Indonesian Migrant Workers (PMI)

Migrant laborers from Indonesia have both beneficial and negative effects. This research aims to uncover the characteristics that impact family resilience among migrant workers from Indonesia. This form of research is qualitative and employs a literature review methodology. PMI family issues include a lifestyle of excessive consumption, family discord, parenting, and kid development. There is a shift in the family structure when a woman or husband becomes an Indonesian migrant worker. In this situation, the husband assumes the conventional tasks of the wife, such as childrearing and education; meanwhile, the woman is unable to fulfill the intangible rights and duties (inner life) of their marriage. This is a difficult situation for immigrant families. Intensifying long-distance contact between PMI and their families is the answer to their family troubles. This is to prevent putting the family at risk. Family functions are optimized to the greatest extent possible. In addition, participation and assistance from numerous stakeholders are required. Family watchdog institutions may give PMI family children financial literacy and parenting aid.
 Keywords: family, resilience, migrant workers

The Debauched Commons: A Dark Parable

‘The Debauched Commons: A Dark Parable’ summarizes issues regarding intellectual property rights and immaterial culture through a nuanced reading of how First Nations Peoples worldwide have been forced by forms of neoliberal-capitalist exploitation of the knowledge commons to ring-fence and/or commodify their lived traditions, in many cases dating back 100,000 years and clearly predating any and all Western (First World) concepts of ownership. The intention of the structuralist-inspired reading of this enforced defensive position is to emphasize and clarify issues concerning prior art and moral rights, two of the most ambiguous and gamed elements of copyright and patent law. Drawing upon the international context of the Declaration on the Rights of Indigenous Peoples (2007) and the Convention for Safeguarding Intangible Heritage (2003), this essay will focus, in part, on the travails of Aboriginals in Australia as representative of First Peoples worldwide and their long-exploited and long-expropriated traditions, inclusive of land, but foremost lived knowledge, but also their often compromised position vis-à-vis various Australian state and Commonwealth legislation concerning recognition of their copyright, moral rights, and intellectual property rights. In this complex dance between tradition, heritage, and law, the so-called public domain often also becomes a de facto warehouse for the eventual conversion of intangible rights to collectively held and stored cultural property, which is then leveraged and/or converted to cultural capital by both public institutions and private companies. The primary premise of the analytic to be applied is that commodification of knowledge is more or less co-equal to the digitization of culture and the regimes of expropriation and/or outright theft associated with platform cultures. Platform culture, in turn, implicates otherwise benign, or apparently benign institutions (for example, academia and the art world) claiming to advance understanding and resolution of the twin nemeses of post-contemporary cultural politics—diversity and justice. The subtle machinations of what has come to be called the art-academic industrial complex will thus be analyzed for implicit and explicit practices that are reducible to the appropriation of native rites and rights, and laws and lores, for self-serving reasons inclusive of radical-chic posturing and politically correct tokenism.

Specific characteristics of corporate rights under Ukrainian legislation

The article is devoted to the study of the peculiarities of the exercise of corporate rights under the civil law of Ukraine in order to identify their specific characteristics. Through a documentary methodology, close to legal hermeneutics, it was concluded that the participant of a legal entity (company) may have not only corporate rights but also other rights over this legal entity (company). Therefore, it is not enough to say that the rights of a person whose participation is defined in the authorized capital are corporate. It is important that the content of these rights is due to the ownership share (share, number of shares) in the authorized capital of the legal person (company). It was also found that intangible corporate rights must be distinguished from the personal intangible rights of the individual. The concepts of “non-economic rights” and “non-economic personal rights” are not identical. In relation to a person, intangible rights should be divided into two types: non-economic rights that are not closely related to a person (e.g., non-economic corporate rights); intangible rights that are closely related to a person and are inseparable from a person (personal intangible rights).

The nemo plus iuris in alium transferre potest principle and the good faith of the purchaser of author’s economic rights

Contractual transfer of author’s economic rights will be effective only when the transferor was authorized to dispose of such rights. Acquiring a right from a person who is not authorized to alienate it is not known to copyright law. In this respect, the Roman principle of Nemo plus iuris in alium transferre potest quam ipse habet is fully applied, which entails a number of consequences. One of such consequences is the uncertainty as to the dispositive effect of an agreement obligating to transfer such rights, which in the era of mass trading in author’s economic rights may lead to significant distortions. Therefore, some proposals are formulated in the literature to protect good faith purchasers. For instance, it is suggested that Art. 169 of the Polish Civil Code may be applied to intangible property rights. Verifying the legitimacy of such a proposal requires the examination of legislative motives behind the solution adopted in the regulation mentioned above and the assessment of those motives from the perspective of the copyright law principles. What is of crucial importance here is to answer the question about the role of the possession of a thing for the legal substantiation of good faith acquisition from an unauthorized person. Rejection of the theory which derives the legitimacy of the person disposing of the right from the very fact of them possessing the thing in fact opens way to consider whether it is possible to adopt a similar solution in the copyright law. The author’s monopoly is completely independent from the possession of the object in which the work is possibly embodied. Therefore, is it dogmatically legitimate to apply Art. 169 of the Civil Code to a purchaser of author’s economic rights? The article attempts to answer this question.

Cultural Resources, Conquest, and Courts: How State Court Approaches to Statutory Interpretation Diminish Indigenous Cultural Resources Protections in California, Hawai‘i, and Washington

Critical Race Theory identifies two of the United States’ original sins: slavery and conquest; yet, while the former is well known, the latter is simultaneously obvious and unknown, creating a disconnect between the history of violent conquest to the disparities that continue to afflict indigenous communities today. This lack of understanding and acknowledgement also permeates the federal courts—an issue extensively documented by Critical Race Theory and federal Indian law academics. Yet, limited scholarship has interrogated if and how state judicial systems may parallel the failures of federal benches. This Note examines the “hidden,” yet enduring impact of conquest by applying Critical Race Theory perspectives to cultural resources protection, as safeguarded (or hindered) by state court interpretations of both historic preservation laws and environmental review processes. Specifically, this research focuses on the state judicial systems of California, Hawai‘i, and Washington—predominantly liberal and social justice-oriented political arenas with large indigenous populations—to investigate if and how state court approaches to statutory interpretation affect the protection, preservation, and tangible and intangible rights to land of Native Americans, Alaskans, Hawaiians, and other Pacific Islanders. As the Western United States’ “liberal sisters,” do California, Hawai‘i, and Washington’s politics foster judicial interpretations favorable to indigenous communities? Or, conversely, do liberal legislative and popular appeals to civil rights and environmental protection fail to facilitate judicial respect for Native knowledge and sovereignty? By applying a Critical Race Theory lens, this Note reveals that even in liberal enclaves, state courts uphold interpretations rooted in white supremacy and settler colonialism that diminish indigenous cultural resources protections and thereby perpetuate modern day conquest.

Инновационные медицинские технологии и реализация права на жизнь и здоровье (на примере вакцинации): гражданско-правовой аспект

Innovative medical technologies are rapidly introduced into everyday life, so for civil science it is very important to anticipate and reflect any potential threats to their use. The article aims to study the ways to modernize the safeguarding arrangements and the institutions protecting the right to life and human health through the prism of vaccination of the population taking into account the possible risks and the degree of legislative elaboration of the legal mechanisms for the protection of patients' rights. By means of analysis and synthesis methods, the article analyzes the statutory instruments that regulate basic principles, procedures and consequences of vaccination. The use of the dialectical method allowed the author to identify the contradictions in the enforcement of health protection legislation and immunoprophylaxis in conjunction with the norms of civil law; the systematic approach guaranteed a structured presentation of the material. Formal legal and functional methods provided for an overall systematization of the studied legal relations and helped to formulate the definition of “medical technology” as an object of civil law with its functions, application safety aspects and responsibility for shortcomings. Though the role of medical technologies in the protection and security of human health is steadily increasing, there is a lack of doctrinal research on the civil law specifics of their application. Having recognized medical technology as an object of civil law, the author formulated its content and proposed to legalize it in the Federal Law “On the Basics of Protecting the Health of Citizens in the Russian Federation”. The author defines vaccination with immunobiological medical products as a medical technology component and a medical service, and concentrates on the deficiency of the legislative consolidation of safety criteria and their provision quality accessed by the degree of achievement of the planned result (the presence of immunity). In this regard, the author proposes to introduce a mandatory free testing for the presence of antibodies and to develop a vaccination procedure with a clear indication of the quality criteria for this type of service. The author concludes that the use of Section III of Chapter 59 of the Civil Code of the Russian Federation and the Law on Consumer Protection cannot meet the proportionality and fairness criteria and reflect the specifics of the use of innovative medical technologies; therefore, it is proposed to apply the provisions of Article 1079 of the Civil Code of the Russian Federation before the development and implementation of mandatory requirements for vaccination against COVID-19, i.e., the protection of intangible rights should be carried out through the institution of liabilities for the risks caused by a hazardous source. The article also contains special proposals for improving Russian legislation and some conclusions on the amendments to the Civil Code of the Russian Federation.

ГРАЖДАНСКО-ПРАВОВАЯ ЗАЩИТА РЕПУТАЦИИ РОССИЙСКОЙ ФЕДЕРАЦИИ ОТ ДИФФАМАЦИИ

Introduction: in the context of recent multiple cases of defamation against the Russian Federation, the article analyzes the possibility of civil-law protection of Russia’s reputation and right to reputation. We discuss the possibility of applying the methods of civil-law protection of intangible benefits and personal non-property rights specified in the norms of Russian civil legislation to the protection of Russia’s reputation from defamation, taking into account the specific nature of this intangible benefit and Russia's personal non-property right to this benefit. Purpose: to analyze the current state of social relations associated with the need for civil-law protection of such a type of intangible benefits as reputation and the personal non-property right of the Russian Federation for this benefit, which arose due to the multiple cases of dissemination of false defamatory information concerning the Russian state. Methods: general scientific and special scientific methods were used, including theoretical, formal-legal, comparative-legal ones, method of analysis and synthesis. Results: the paper gives definitions of civil-law protection and safeguarding of the civil right of the Russian Federation to reputation; notes that civil-law protection of reputation should be carried out by means not prohibited by law, i.e. with the use of the appropriate form, means, and methods of protection; investigates the application of the methods of civil-law protection established in Russian civil legislation to the protection of Russia’s reputation from defamation, taking into account the specific nature of reputation as an intangible benefit that Russia possesses. Conclusions: it is essential to distinguish independent methods of civil-law protection of the reputation of the Russian Federation from defamation as this would make it possible to provide effective protection and hold liable for acts of defamation.

Issues related to the realization of non-property human rights in the field of health protection

The World Health Organization notes the main issue that needs to be addressed - patient safety as prevention, avoidance, minimization of adverse effects of treatment. Normatively established obligation of the provider of the medical service (i.e. on its own initiative, which does not require prior consent or coordination with the patient) to provide information to the consumer. In the article, on the basis of an analysis of existing national legislation, judicial cases and theoretical, legal sources, explores issues relating to the realization and safeguarding of personal non-property rights that ensure the natural existence of an individual (art. 282-286 of the Civil Code of Ukraine) and legal mechanisms for protecting consumers' rights to information in the field of health care. The case law and the practice of the Constitutional Court of Ukraine in resolving cases on recognition and protection of the right to information about the state of health of a person are studied. Reasoned the proposals to address the shortcomings of legal regulation in the study area. The purpose of the article is an analysis of legislation and case law on the exercise of personal non-property rights in the field of health care. The issues of compliance with the regulatory requirements for the confidentiality of medical information in sick leaves, which still remain unresolved, are considered, especially considering the formation of a web-based service to ensure information interaction of the electronic health care system with the Electronic Register of sick leaves. Medical information, that is, a certificate of the state of health of a person, his or her medical history, the purpose of the proposed research and treatment, the prognosis of the possible development of the disease, including the existence of a risk to life and health, According to its legal regime refers to confidential, that is, information with restricted access. he introduction of effective legal mechanisms should help to improve the level of protection of rights, freedoms and interests of citizens. The issue of obtaining information on the state of health of a person by its heirs is a promising one and one that requires amendments to the legislation. Keywords: personal intangible rights, restrictions on the exercise of personal non-property rights, information, health information

Prawo właściwe dla umów z zakresu prawa własności intelektualnej, ze szczególnym uwzględnieniem umów licencyjnych

This article deals with the issue of determining the law applicable to contracts in the field of intellectual property law in general. After Poland joined the European Union, in a relatively short period of time, various legal acts regulating the above-mentioned matter were in force. The author presents the current procedure for determining the law applicable to contracts for the transfer of intangible rights and license contracts on the basis of the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). Author presents the sequence of actions in determining the applicable law – from the freedom to choose the law, through set decisive rules and the concept of characteristic performance, to correction clauses. At the same time, the text compares the current regulations with the provisions of the Rome Convention of 1980, which was the basis of today’s EU legal solutions. The author put particular emphasis on agreements for the use of intellectual property rights, for which the determination of the applicable law brings about more practical problems.

On the relationship of personal non-property rights with intangible benefits and exclusive rights (continued)

On the relationship of personal non-property rights with intangible benefits and exclusive rights (continued)

On the relationship of personal non-property rights with intangible benefits and exclusive rights

On the relationship of personal non-property rights with intangible benefits and exclusive rights

Patent Protection and Public Health Promotion in Tanzania

Intellectual property rights refer to intangible rights that are conferred to a person for the protection of his intellectual creation. One of the subsets of intellectual property is patent, which deals with protection of inventions. This article aims at critically analysing the relationship between patent protection and promotion of public health. The article begins by discussing the international legal framework on patent protection and their position on the promotion of public health. Further, the article analyses the measures to be taken by developing countries so as to promote public health in their countries and at the same time ensuring patent protection. An analysis of the Tanzanian legal framework on patent protection and the efforts taken to promote public health follows thereafter. Ultimately, the article draws a conclusion and provides recommendations on what should be done by developing countries so as to effectively promote public health. Keywords: Intellectual Property, Patent Protection, Public Health, Developing Countries.

Intangible assets and rights to them, constituting the formation of the authorized capital of enterprises, the basis of the marketing system

The world is now on the verge of large-scale transformations. This is happening under the influence of new digital technologies: multidimensional changes are taking place both at the global level and at the level of our state, industries, corporations. Companies change both externally and internally.
 External transformation introduces a new concept for working with clients, partners and contractors. At this stage, it is not enough to meet the client's expectations, they must be able to foresee his requirements, that are growing every day. A significant number of surveys of top managers of companies around the world show that time-to-market for a product or service is days, not months or years, as it used to be, and this is one of the most difficult challenges of our time.
 The article examines the system of intangible asset management as part of a system of measures to increase the authorized capital of companies. Accounting, the formation of property rights to intangible assets and their contribution to the authorized capital of the company increases it by 70-80 percent, which should be a consequence for the formation of a new concept of enterprise management.
 The new concept will not work on the existing management and operational models, since in order to work in the digital world, companies must completely rebuild themselves from the middle and it is necessary to start with a clear formation of the authorized capital, which was not paid attention to during corporatization, since at that time there was a task of rapid transformations without preparation. This is how the joint-stock companies Ukrtelecom, Ukrposhta, and Ukrzaliznytsia were created.
 For these companies and especially for Ukrtelecom, as for a company in which there is no state property, it is time to develop methodological support, teach specialists and carry out a qualified inventory of all balance sheet items and form its authorized capital, taking into account the requirements of the digitalization of the system and the inclusion of intangible assets and property rights to them in the authorized capital. This is necessary because the traditional model of building a business in our state, the management system and the operating model of the company, are mainly static, focused on slow gradual development.

Recent Evolution of Intellectual Property Enforcement in Georgia

AbstractThe article elaborates on the topic of the new wave of evolution of the protection of intellectual property in Georgia inspired by signing the Eu–Georgia Association Agreement, (AA—the Association Agreement between Georgia and the Eu and the nuclear Energy Association of Europe and its Member States). The harmonization process is an impressive field of law on its own. The article deals only with particular issues, such as the role and critical characteristics of the harmonization of intellectual property protection and enforcement mechanisms in Georgia.In this context, the article examines the legal nature of the amendments to the Civil procedure Code of Georgia (GCpC), in particular, a new chapter of enforcement regulations, that has been introduced to the GCPC—‘Specificities in proceedings of the infringement of exclusive right of intellectual property’.The article is predicated upon the allegation that the new legal introductions are merely of a formal character, while the enforcement mechanisms and remedies, as a significant part of Georgian civil legislation, had already been in place and Georgia had ratified major international intellectual property agreements. The article deals with the legal problem of the application of the intellectual property enforcement amendments by the judiciary and measures the practical impact.The hypothesis of the analysis is to consider whether further developments are necessary to contribute to a consistent approach to the adjudication of intellectual property enforcement disputes in Georgian courts and to promote the efficient implementation of the novel intellectual property enforcement mechanisms into the Georgian legal system.The analysis of the characteristics of the impact of harmonization on intellectual property as of intangible rights proves to have wide-ranging benefits for the holders of intellectual property in Georgia or elsewhere in Europe.

Advices on Budget Models for Equality in High Schools: The Case of Turkey

The schools' budgets and the management of budgets is important for the effective maintenance of schools. School budgets are an important tool for ensuring equality within and among schools. In this study which aims to assert a suggestion on budget management model providing equity and decreasing problems, detecting different income and expense relationships in the school's budgets, the associational status of incomes and expenses of 1180 high schools in Turkey has been examined and the views of 60 school members (school principal, teacher, student, parents, school parent association member) about the budget management model have been evaluated. In the study, it was determined that there was a significant relationship between high school budgets and school-parent association budget of the school and the intangible right, movable property, maintenance and repair expenses. While high school principals define the ideal budget model as a model in which the budget is provided by the state and they have a more effective role, other school members consider the budget must be comprised of the contributions of individuals and different institutions other than the state, and different school members also participate in the budget management process in addition to the school principal.

MENKUL KIYMET İHRACI VE TEDAVÜLÜNÜN MEŞRUİYETİ (HİSSE SENETLERİ, SUKUK, YATIRIM FONLARI)

Trading of securities (valuable documents) is one of the most popular trading transactions in the last century. This means that investors own valuable documents which represent the ownership by dividing the ownership and converting it to shares, instead of owning the goods itself directly. Securities are two different types which are securities represent receivable and securities represent ownership. Securities that represents a receivable are; government bonds, treasury bonds, company bonds, other borrowing securities issued by government institutions and other bonds issued in different names which assigns the payable-to-bearer receivables. International Islamic Jurisprudence Academy and, Accounting and Auditing Organization for Islamic Financial Institutions are unanimously prohibit the issuance of this kind of securities. Securities that represents ownerhip are; Equity shares, investment funds and sukuk. Equity shares, essentially aims to own a cash or recorded share of a company. This transaction consists of representing a cash or recorded asset by a written document and represents a common share in the capital of a company. Equity share is a financial document according to commercial law and represents ownership right in a company. Therefore, it is classified under the ownership documents. Commercial Law – as a company is a legal entity- separates equity ownership and company asset ownership. Equity share is assigned independent from the assets of a company. Thus, the equity shares issued by the company are owned by the company itself through assignment and hereby investor partners lose their registered rights. Investor partners have only a right in the profit made by the company throughout the time period they stayed in the corporation. Likewise, investors have rights in distribution of sale of the assets of the company in case of liquidation of the company. Because, investors own a part of shares of the company and a company, having legal entity, is independent from ownership of its own assets. There are two different opinions in the Islamic law. The first opinion is based on the situation if the company is a trust or mudaraba company. Share of partner comprises all of the assets of the company in both types. Shareholder is not prohibited from owning some assets of the company even though the company is a separate legal entity. Likewise, an equity share is a document which only proves the right of the shareholder in the company. It has no value by itself. However, it should have the same treatment with the company assets as it represents a right in company assets. According to the second opinion; Shareholders own the assets of the company indirectly but not directly and they have no capacity to act on the assets. Even if the value of the assets of the company becomes more valuable than the value of the shares of the company, equity share owners have no right to demand the access value. Likewise, they don’t bear any personal responsibility if the company borrows or makes loss because shareholders do not directly own the assets of the company. Sukuk represents common ownership on specific goods, asset or service, a specific project or assets employed in a specific investment activity and they are certificates issued equals to each other in terms of their values. Basically, there are two types of sukuks; Sukuk representing ownerhip and sukuk representing a receivable. While ijara sukuk, sukuk which enables to own a benefit, sukuk that enables to have a service and partnership based sukuk are represents ownerhip; murabaha sukuk, istisna sukuk and selem sukuk are the sukuk types which represent a receivable. The main characteristics are; Sukuk represents a common partnership on assets which are investment purpose underlying assets, goods, service, benefit or a mix of these by receivable, cash and intangible rights. Sukuk doesn’t represent a debt of an issuer. Sukuk is issued based on an agreement which is in compliance with Islamic rules essentials. Sukuk manager has no guarantee. Sukuk makes one a partner on profit on a defined rate and loss is limited by the share invested. Sukuk owners cannot pre-define a proportional or an amount of profit on nominal value of sukuk. All of the risks are taken. Circulation capacity of the sukuk in the Secondary market depends on the circulation capacity of the underlying asset itself in the secondary market. Sukuk owners undertake expenses which arise from the underlying asset sukuk represents - including maintenance, insurence, impairment or other expenses stem from investment itself. Investment fund is an asset which is setup by the money collected from the public in compliance with the law, in purpose of running a portfolio consists of certain assets in the name of certificate owners based on principle of risk distribution and fiduciary ownership.

Ethical and deontological aspects of pediatric biobanks: the situation in Italy

While pediatric biobanks are a precious resource for scientific research to improve our understanding of genetic pathologies, the value of these studies should be considered together with the value of the privacy rights of pediatric donors, as they are particularly vulnerable and in many cases unable to discern the meaning of the donation of biological material and the related implications of the research. Thus this work calls for reflection on the numerous ethical and legal issues involved in the development and regulation of these biobanks. In particular, it explores what form of consent best balances the intangible rights of the minor, on the one hand, and the development of technological progress and scientific research, on the other, and examines the implications of the collection of biological material of minors in biobanks. It focuses on solutions to bridge the gaps in current Italian legislation, especially in light of the current lack of attention to the interests of fragile subjects. In addition, this work presents an overview of the pediatric biobanks in Italy.

Some aspects of protection of the right to the image of an individual as a personal non-property right

The article devoted to the analysis of the institute of protection of the right to the image of an individual as a personal intangible right. The paper examines the features of protection of the right to the image of an individual, the features of the image itself as an object of intellectual property rights, its main features, and so on. Interest in the chosen topic arose due to the fact that in modern times is gaining popularity photos and videos (personal photo shoots, professional photo shoots, the use of video clips for advertising, to promote certain content or use in social networks). However, in the process of exercising the right to an image of an individual, it is necessary to determine what opportunities an individual has in case of violation of his right to image, use and disclosure without his permission, and what actions an individual can take to protect his personal non-property right. At the same time, civil legislation, which should regulate the protection of the person and contain effective means of protecting the rights of persons to their image, does not sufficiently provide for this. Therefore, the main purpose of this article was first: to identify the features of the right to an image as an object of intellectual property rights; secondly: to analyze the legislation governing copyright in images; thirdly: to analyze domestic and international practice of protection of the right to images; fourthly: to identify ways to protect the right to depict an individual as a personal non-property right. When studying and analyzing both legal acts and works of legal scholars dealing with the problem of copyright protection, including the right to images, it became clear that the right to images contains several powers that may need protection, namely: the right to conduct photo, film, television or video shooting; the right to use the image; the right to distribute the image; the right to individuality, etc. Therefore, the right to an image is a set of powers, each of which may need protection in case of violation. Thus, in this paper we try not only to identify and outline the problem of application of remedies for the right to the image of an individual, but also to provide recommendations for the implementation of such a right.