АКТУАЛЬНІ ПИТАННЯ ПІРАТСТВА У СФЕРІ АВТОРСЬКОГО ПРАВА В МЕРЕЖІ ІНТЕРНЕТ

Abstract

The article considers current issues of piracy in the field of  copyright on the Internet. In order to determine what plagiarism is, the author first refers to the current legislation, according to which plagiarism is the proclamation (publication), in whole or in part, of another's work under the name of a person who is not the author of this work. That is, plagiarism is an active action consisting of two features. First, it is the fact of proclamation (publication) of the work. Under “proclamation of a work” the Law of Ukraine “On copyright and related rights” understands the disclosure of a work to the public as an action performed with the consent of the author or other subject of copyright and (or) related rights, which makes the work available to the public for the first time performance, public show, public demonstration, public announcement, etc.

This concept emphasizes that it is a prerequisite for the proclamation of a copyright object to be made public for the first time. Instead, publication should be understood as all other reprints, releases, copies and other means of reproduction. The second sign of plagiarism is the fact of appropriation of authorship.  Assignment of authorship can be done not only by direct indication by the author of the work  of the plagiarist, it can be done by naming a pseudonym to a person. What matters is the fact that in the minds of the general public a deceptive idea of the author is formed.

Particular attention is also paid to such types of plagiarism as falsification (fabrication of certain, for example, statistical indicators with their subsequent indication as their own work), replication (this is the process of  copying data from one source to many others and vice versa, i.e. a kind of "circulation" of information without the author's permission), as well as republishing (repeated or multiple publication in another source of someone else's information with the author's authentic signature and reference to the source), rewrite (adding additional information to someone else's material without the author's permission, with processing of previously published material expressions) and compilation (composing from several other people's materials, and editing without permission - semantic, stylistic, grammatical editing and reduction of other people's material).

There is also a study of the main types of Internet piracy, which in turn harm  not only software vendors, they are a serious problem for the IT industry as a whole. The author notes that computer piracy undermines the growth potential of the world economy, as it depends to some extent on the development of the software industry. Piracy is costly to the entire world community, including Ukraine. These include lost jobs, unemployed programmers, low wages, uncollected taxes, and a lack of investment in information technology.

The article examines the international experience in combating piracy, namely: Japan, the United States, Great Britain, Germany, China, Poland, Hungary and others.

It is determined that piracy is an extremely negative phenomenon, which is very ingrained both among producers and distributors of pirated products, and among its consumers in many countries, including Ukraine. Therefore, taking into account the improvement of various forms and means of copyright infringement in modern high- tech conditions of society, which tends to globalize and given the ineffective system of counteracting this negative process in Ukraine, this problem is becoming increasingly important for our country today.

Therefore, the main direction of protection of intellectual property - the  creation of a favorable mechanism for the rapid and effective implementation of property rights and the introduction of innovations in production and society as a whole. The sooner this is done, the more society will progress in economic, social, structural and legal aspects.

Accordingly, the ways to solve the problem of harmonizing the interests of authors and (or) right holders and society are: strengthening the responsibility for piracy; legal, social, cultural education of society; advertising the benefits of licensed products (quality, service, etc.); reduction of prices for licensed products, etc.