The article considers certain problematic aspects regarding the implementation and protection of copyright in the digital environment (on the Internet). It has been established that the digital sphere (digital environment, the Internet) is developing at a rapid pace and is particularly relevant in terms of the use and protection of intellectual property rights. It is proven that the development of the digital sphere (digital environment, Internet) has led to the appearance of the latest objects (in particular, multimedia and digital works), new forms of creativity, new communication media (forms of communication), including an interactive environment. It is proven that in connection with the development of high technologies, the appearance of new objects of copyright and related rights with special, new properties, new types and methods of their use, new exclusive rights of creators (the right of access in interactive mode) have arisen. It was established that the national legislation of Ukraine and international treaties do not use the concept of «Internet» as a medium for the use of objects of copyright and related rights, as a place for communication, instead, the norms of domestic legislation (Civil Code of Ukraine, Law of Ukraine «On Copyright and Related Rights rights») contain broader concepts that apply to digital technologies, namely, reproduction, the right to distribute to the general public (disclosure, access). It has been established that for the legitimate use of copyright and related rights on the Internet, it is necessary to obtain permission from the subjects of copyright and related rights. It is substantiated that it is important to ensure effective and adequate protection of the intellectual property rights of creators, guarantee them appropriate compensation for the use of their objects, and encourage them to continue their creative activity. The need to establish certain exceptions and limitations of copyright and related rights in the interests of society in order to promote the development of education, science and culture has been proven. It has been established that the problems of legal inconsistency of legislation are becoming increasingly important as a result of the further development of the information society and the emergence of new forms of cross-border communications. It is substantiated that modern legislation in the field of copyright and related rights needs changes and additions to adequately reflect economic realities, new forms of use of objects, etc.
Read full abstract