THEORETICAL AND LEGAL DEFINITION OF CAMCORDING, CARDSHARING AND PIRACY AS SPECIAL TYPES OF INFRINGEMENTS OF COPYRIGHT AND RELATED RIGHTS

Abstract

The article analyzes the concepts of "camcording", "cardsharing" and "piracy", which currently occupy an important place in the structure of intellectual property rights. It is defined that the concept of camcording comes from the word camcorder, which means "camera with built-in VCR". Precisely because such a camera can be easily brought to the cinema and unnoticed to make a video, the process of recording the film during its screening and began to be called camcording. It is determined that it is not enough to simply ban camcording, such a ban will not be effective without everyone being aware of what camcording is, why it is banned, and the responsibility for its commission. Therefore, general awareness can be spread through social advertising, pre-movie trailers, movie ads and other public places. Also, the concept of cardsharing is explored, which, as it becomes clear, occurs in the case of removal or deactivation of technical means of protection that provide access to the appropriate program of speech broadcasting with a password. If the password is disclosed, unscrupulous persons who do not belong to the rights holders illegally gain access to the broadcasting program. And it is proved that in fact cardsharing is a kind of circumvention of technical means of protection - devices and / or developments designed to create a technological barrier to infringement of copyright and / or related rights in the perception and / or copying of protected (encrypted) records in phonograms (videos) and broadcasts or to control access to the use of copyright and related rights. The concept of "piracy" is considered, which in essence is identified with counterfeiting, but differs significantly.

In summary, the author proposes to regulate the conceptual apparatus of "camcording", "cardsharing" and "piracy", by clarifying and agreeing among themselves. Also, due to the lack of public awareness of terminology, it is necessary to conduct largescale work to spread awareness among citizens about such violations of Ukrainian law on copyright and related rights, as well as their consequences.