CONTRACTUAL LEGAL RELATIONS IN COPYRIGHT LAW

Abstract

The work is devoted to the issues of defining contractual legal relations in copyright law. Legal protection of intellectual property, constituent issues of the process of its creation are defined. Attention is focused on the fact that the current problems in the field of copyright protection arise as a result of low legal awareness of authors, which leads to problems in regulating the relationship of the transfer of the author's property rights to another subject of the relationship. The most common contracts in the regulation of author's legal relations have been studied. It is established that the author of the original work has the right to authorize his work by giving permission for its translation to another person with the right to review the translation and then approve or disapprove it. By becoming a party to an author's contract, both the author and the translator of an authorized (i.e., author-approved) translation have independent rights and obligations. In practice, special attention is paid to the so-called "intermediate translations", when translations made from the original into another language are used, which become the basis for creating a translation into another language. The author also reveals the significance of the user, which can be specialized organizations, primarily such as publishing houses, theaters, film studios, TV studios, etc. The author also focuses on contracts that provide for individual orders for one's own needs of works of science and art, which are considered contractual in judicial practice. These can be subcontracts for engineering design services for a private house. At the same time, the author notes that one should not forget that nowadays citizens can engage in the reproduction and distribution of works as an independent type of entrepreneurial activity. And at the end of his research, the author determines that from contracts regarding the disposal of property rights of intellectual property, it is necessary to distinguish contracts that, although they provide for the disposal of the specified rights, but this is not the main result to which they are aimed (a contract of pledge of property rights of intellectual property, a contract simple partnership, etc.), as well as mixed contracts that contain elements of disposal of property rights of intellectual property (a contract for the sale of an enterprise as a single property complex, a production contract, etc.).