Shirkova I.V. Problems of the Legal Regulation of Copyright as a Commodity
DOI: https://doi.org/10.15688/lc.jvolsu.2023.2.17
Irina V. Shirkova, Candidate of Sciences (Philosophy), Associate Professor, Department of Legal and Political Sciences, Donetsk National University of Economics and Trade named after Mikhail Tugan-Baranovsky, Shchorsa St, 31, 83050 Donetsk, DNR, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-2473-313X
Introduction. The development of economic and social relations leads to a change in the role of the results of intellectual activity, which, in turn, requires new legal solutions to ensure the legal protection of intellectual property objects. There are many definitions of the concept in the scientific literature, but the unity in their understanding has not been achieved. There is no clear definition of the concept of “exclusive rights” in the regulatory framework; only the structure of exclusive rights is asserted. Taking into account the multidimensional definition of “copyright as a commodity”, it is quite possible and expedient from a scientific point of view to analyze certain ideas of this phenomenon, considering the legal regulation of protecting intellectual property as a commodity and protecting exclusive rights. Methods. In the study of the essence of copyright as a commodity, implying exclusive rights in its structure, the dialectical method was used, representing a complex interaction of theoretical deduction and empirical induction, the unity of analysis and synthesis, which made it possible to comprehensively study the content of the subject. Results. The legislative framework has made it possible to identify the ways to create items covered by copyright, to use protectable results of intellectual activity and means of individualization and to dispose of exclusive rights. The author has analyzed the inconsistency of the legal regulation of copyright as a commodity, which by virtue of the law is not absolute, since, in cases established by law, it can be conferred to several persons, and, therefore, does not belong to one person. Conclusions. The necessity of changing the civil legislation regulating exclusive rights is substantiated, since copyright has features that distinguish it from the right to ownership; it is necessary to consider it as an independent legal category belonging to a sub-branch of civil law.
Key words: rights to the results of intellectual activity, exclusive rights, use of exclusive rights, disposal of exclusive rights, intellectual property.
Citation. Shirkova I.V. Problems of the Legal Regulation of Copyright as a Commodity. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 2, pp. 132-138. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.2.17
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