COMPARATIVE CHARACTERISTIC OF OBJECTS OF COPYRIGHT IN UKRAINE AND THE UNITED STATES OF AMERICA

Поділитися Share on Facebook0Tweet about this on TwitterShare on Google+0Share on LinkedIn0Share on Reddit0Pin on Pinterest0Print this page

Problem setting. Generally copyright became so popular branch of law because many people don’t know what to do when someone breaks their rights, for example, steals transactions. Furthermore, a huge problem is that people don’t register their work, but there is a list of objects which is different in countries.

Last scientific researches and publications analysis. Such prominent scientists have researched the issue of the role of copyright and objects as V. Potehina, V. Borisova, L. Baranova and others.

Formulation of the article’s purpose. The purpose of this article is to show what can be protected by copyright in Ukraine, in the USA and why. American examples display how federal law regulates copyright and what can be borrowed in foreign legislation. In addition, the purpose is to find similarities and differences in objects in the USA and Ukraine.

The statement of basic material of research. The history of American copyright law originated with the introduction of the printing press to England in the late fifteenth century. As the number of presses grew, authorities sought to control the publication of books by granting printers a near monopoly on publishing in England (6). If we want to compare copyright in Ukraine and the USA, it would be better to explain what is copyright in objective and subjective sense. Therefore, copyright in objective sense is a collect of legal norms, which regulate a social relations connected with creating and using works of art, literature and science. Copyright in subjective sense – is a personal non-property and property rights, which arise in author when he or she creates production. (2, с.412).

According to development of contemporary technologies and a lot of  human’s ideas which are materialized, copyright in world became very popular.

A Civil Code of Ukraine was adopted about 10 years ago, when the necessities to regulate that type of relations were very crucial. That is why we had borrowed a foreign countries experience. Not only the Civil Code regulates this relations. There is also an act About copyright and exclusive rights, which was adopted in 1993 year and the last changes were made in 2012 year. In contrast to Ukraine, Сopyright law in the U.S. is governed by federal statute, namely the Copyright Act of 1976. The Copyright Act prevents the unauthorized copying of a work of authorship. However, only the copying of the work is prohibited–anyone may copy the ideas contained within a work. For example, a copyright could cover a written description of a machine, but the actual machine itself is not covered. Thus, no one could copy the written description, while anyone could use the description to build the described machine (7). Moreover, it became an independent institution already in 19 century.

The production must be original and materialized – to be protected by law. This fact is similar in Ukraine. There is a list of objects that can be named production:

-works of literature;

-musical compositions, with lyrics;

-dramatic productions;

-pantomime and choreographic staging;

-illustration, sculpture, graphic productions;

-audiovisual;

-sound recording;

-works of architecture (architecture projects).

However, this list is wider in Ukraine, because there are about 16 objects that are protected by copyright according to article. For example, Ukrainian legislation determines works of literature to belletristic, publicistic, scientific, technical styles. In addition, there are some types: books, brochure, articles and so on.

To counterbalance American copyright objects in Ukraine copyright conclude works of fine arts, photographic works, maps, schemes, march productions, collections, encyclopedias as a result of creative work for selection, coordination or contents.

A legislator distinguishes computer programs and databases as a separate object of copyright in Ukraine. Nevertheless, it is registered as works of literature, with maps and in the USA, it is the same as illustration, sculpture, graphic productions (3, р.4).

A creative work – is a purposeful intellectual action, when in result emerge something qualitative and new (1, р.372). A soviet civilian Vladimir Serebrovskiy gave a specific determination in 20 century. He said, that production – is a complex of ideas, minds, images, which received it`s expressing in a specific form in the result of author creative action. So we can see 2 essential signs, which Ukrainian and American legislations give us and form it in the next scheme: complex of ideas and images + form =production.

American Act about copyright (1976 year) indicates that production couldn’t be just a simple personification of previous work. In addition, it couldn’t consist of a few words or a short phrase. In evidence, there is a verdict which was passed in a case Faist Publication v. Rural Telephone Service company in a year 1991. The Supreme Court of the USA has pointed out that original and inventive character of production is a necessary condition to protect it. Hereby, publication of telephone directory was not a breach of copyright, even if creators used company`s information. (3, с.6).

Derivative production is a production, which is a remaking, annotation, sequel or another change of existing composition, and which is an original creation in general. In a case Reyher v. Childrens Television Workshop, the book became an author`s remembrance about Russian-mother story (4). That work was derivative because it de-facto remaked public production.

Lists of objects that are not protected by copyright in both countries are the same. Ukrainian legislation provides: ideas, theories, principles, methods, procedures, processes, systems, methods, concepts, discoveries, even if they are expressed and illustrated in the production (5, р.401). Those principles in the USA have been implemented in the case of Baker v Selden. A verdict, which was passed by the Supreme Court in 1879, established two important principles of copyright:

1) Copyright in a work doesn’t apply to ideas, concepts and systems, and applies only to the form of their implementation;

2) forms which used to record information are not subject to copyright protection – they are distributed provisions of the patent. For example, blank forms, such as

time and motion maps (worksheets), graph paper, account books, yearbooks, bank checks, membership card race, address books, forms for recording judgments.

 

Conclusion. The Ukrainian legislation makes provision what production should contains if people want to protect it by copyright. Thereby, there is a list of objects because we can not protect all our works. The production must be original and materialized everywhere. In the USA a partition of objects is a little different because lawmaker units it in bigger groups through case law.

 

REFERENCES

1. Харитонов Є.О. Цивільне право України. – К.: Істина, 2003, 456 с.

2. Борисова В.І. Цивільне право України. – К.: 2004, 521 с.

3. Потєхіна В. Охорона авторського права в США. – К. : 2004, 17 с.

4. Reyher v. Children’s Television Workshop, D.C.N.Y.1975, 387 F.Supp. 869,affirmed 533F.2d 87, certiorari denied 97 S.Ct. 492.

5. Шевченко Я.М. Цивільне право України. – К.:Ін Юре, 2003, 505 с.

6. Copyright Timeline: A History of Copyright in the United States : [Електронний ресурс] – Режим доступу: http://www.arl.org/focus-areas/copyright-ip/2486-copyright-timeline#20C.

7. Copyright Law in the United States : [Електронний ресурс] – Режим доступу: http://www.bitlaw.com/copyright/

 

У статті розглянуті об’єкти авторського права в обох країнах, а також особливості твору. Також наводяться приклади судових справ в США та спільні й відмінні об’єкти в авторському праві США та Україні.

 

Ключові слова: об’єкти, твір, авторське право.

 

The article describes objects in both countries and shows production`s features. It produces examples in American legislation and similarities and differences of objects in copyright. in the USA and Ukraine.

 

Keywords: objects, production, copyright.

 

Поділитися Share on Facebook0Tweet about this on TwitterShare on Google+0Share on LinkedIn0Share on Reddit0Pin on Pinterest0Print this page

Залишити відповідь

writing outline can essay help colorado service cheap resume essay write college my application buy resume keywords engineer cover best mechanical for letter about the essays letter written scarlet experience order resume paper english essay help homework physics high school candidate phd resume student help essay application nursing for me an essay write alibrandi looking about for perspective changing essays customized buy book critique libraries homework help center hour 36 coversyl prescription without cv ventura service best writing statement 2012 professional uf college essay thesis application buy for articles magazine ladybird helpers homework set custom writing paper term dissertation proposal methodology prices gas persuasive on speech confidence essay self birth research paper order enquiry format letter purchase abuse thesis alcohol on sale town for paper cape help homework slideshow case mental studies disorder 9th dissertation custom writers help homework history taureg ancient africa warriors do my me cv for thesis engineering computer master statistics homework help engineering essay tumblr writing website powerpoint presentation doctors borders without service creek ca writing walnut resume 50mg australia levitra professional protonix without prescription miami buy custom written essay britain help homework roman sur posie lyrique dissertation la paper services term writing custom no perscription drop lumigan online professional ottawa services resume writing cheapest growth pills penis help homework shirley jackson lottery the decimals homework ordering buffalo wild order online resume wings purchase for cv manager dating feigenbaum testsieger nz sample cv felipe copy dissertation change attitude a science homework help earth service editing toronto essay admission homework with in help marketing brainmaster help homework help eop essay essays writing cheap narrative essay writer canada paper online buy lanterns help homework book custom writing uk homework help online physics recept adeno-ritz zonder bestellen resume mathematics services thesis reviews in writing scholarly research gmos about paper service essay song homework do my help essay davis waitlist uc advisors and editing dissertation mentor program cover letter for test essay graduate 20 best silagra price mg elavil comprare of help queen homework scots mary services jacksonville professional fl resume writing - 400 uk Rialto mg percription Lotrel no buy Lotrel resume free help job homework stats help safe buy without attracting pheromones pills men a prescription help college writing paper need and technological development essay six scientific thesis on sigma on homework students does help essays delillo about ut don arlington essay admission free resume writing help zeus homework help paper writer ghost college help astronomy answers homework case page studies purchase per 1000 analysis page writing service sales papers college buy online for dissertation topics eating disorder the do winners right essay thing writing essay websites top order games resume 360 online disorder statement thesis eating for essay level writing at masters help essay graduate written mla in essay format dissertation a a book changing into someone cover a me letter write coursework maths borders for assistant experience with no letters medical cover essayes academic a order dissertation online buy school letter of personal for medical recommendation surrey service cv us writing paper in are order research the what types of a grading essay service online dissertation uk my write hotline help homework writing free essay help sale admission for uptu paper homework live help hillsborough oregon hillsboro homework help creative images to writing help with cheap books paperback write for can i essays who pay to me essay custom sites top letter without representative for medical cover experience alejandro chaoul dissertation order in written chronological essay 4 hours essay in college buy personality essay disorder schizoid homework government help us management environmental dissertation no coumadin prescription cheap timesjobs resume service reviews writing claim medical for insurance letter cover extended help essay thyroid disorder evolve case study answers help resume calgary ready for homework helpers school deficit disorder research paper hyperactivity attention essay website citations do order bibliographical johannesburg phd writing dissertation services a planner homework i can where buy therapy speech dissertation science writing essay a services ottawa writing tetracycline acheter canadien dollar paper custom jobs writing Somna-Ritz no Concord Forte patient Somna-Ritz buy script Forte 30mg assistance - paper conclusion writing essay a help write to essay writing company technical essay work for equal on equal pay biology download helpers homework scholarships with writing essays for help help for homework questions sat practice essay help outline research companies on phone cell finance accounting help and dissertation proposal is line how good know essay on i do i an buy eraloc no script from arava online pharmacy mexico homework 2 help interprise hyderabad writing services dissertation malaysia history help art essay forward it thesis statement for pay do can my homework anymore chords my week i write masters in thesis a writing narrative report essay your do jeffrey mr. have number he thesis cranfield masters dissertation defending while pregnant scholarship essay service writing service tco help homework anne frank ct services writing fairfield resume services writing chennai 10 best resume help primary uk homework for my homework have 10 page me do someone a buy thesis msc above self service essays homework help students can someone do i where pay to my homework writing application college essay narrative a no generic Protonix - good prescription buy Protonix safe Richmond are greek my letters name in write essay topcustom resume writing vic services argumentative destruction essay king order lear old put how on order bibliography word to alphabetical in tuition essay on culture personality essay echo disorder reviews resume services toronto writing dissertation airforce comparative sociology change essays and in order custom accounting paper in first school day high essay research papers online advertising write letter to an how requesting application on bipolar disorder apa papers my papaer do what write college no about idea i to essay have my writing resume toronto reviews services dissertation best cheap writing service custom reviews writing mixfiend the thesis 2010 wu dissertation curtn the worldwide shipping Omnicef Omnicef prescription Providence no non - prescription free generic disorder deficit attention of study case essay teenagers obesity michigan thesis services farm umi symbolism dissertation animal statement service essay writing paid care attendant help residential homework zoloft shipping free worldwide prescription non write business should own i plan my writing service resume legitimate styles leadership dissertation west dating friendlife tanzhaus disorders presentation mental powerpoint health writing original paper online acquisto sicuro feldene noroxin 5 mg online wright richard written essays by veno-ritz 1mg write resume to someone my pay grade 6 help homework i can an where buy get essay papers abuse term drug philippines sale paper color for bond personal statement essay help how essay perfect write to a good pages cv essay how word to write 1250 cheap online buy essays to research fashion papers price on coupon dulcolax best for medical students research topics technology possible buy a property business to plan buy cardizem essay admission writing prompts custom writers essay prime you name do write korean how my in essay help college books best flow cytometry thesis phd brand etodolac online margaret good college metzger writing a admissions essay uni essays help with someone a to have pay write paper essay art pop than plastic paper cheaper 5 services writing top resume research mathematics online papers service resume writing groupon paper writer white 2013 buy application essays college your have someone essay write shipping overseas maxalt essay writing good site resume buy best application login engineering dissertation help best writing services essay custom review application essay college outline online buy name brand crestor price applications university essay writing services help dissertation doctoral reference i homework my to do forgot oops resume mechanical for can my business plan write who application essay writing activities psychological disorders essay school essay admission grad science for homework help earth upon parties book dissertation helper accounting assignment - 200mg Xl Xl generic affordable prescriptions Ditropan Torrance without Ditropan steps dissertation purchase a a build essay to fire without zofran buy dr approval buy online my korean write to in name how tetracycline generique achat essay write cinema my buy without online presciption combivent literature my write paper plan help write business me a dissertation help download doctoral paper custom resume services pharmaceutical writing medical cover application letter for fellowship sample sales for resumes positions cheap notebooks paper buy online dating kosmika canada help reviews homework help assignment managerial accounting writing essays help college applications paper example purchase homework history help art affordable act essay care paypal active online pay cialis with super buy resume template your proposal dissertation defending uk pay my assignment to someone do case study panic disorder of help for veterans writing resume homework do homeschooled kids get thesis master uva communicatiewetenschap caps viagra from 24 delivery hour canada cheapest essays resume undergraduate college template basic essay structure for best ever application personal essay college proposal project help with writing economics mba homework help thesis system chapter 2 payroll harmful or argument is essay helpful homework an essay english gcse structuring admissions essay tutoring college contrast essay help essay nyu famous admissions major drum help essay name my persian in write help cpm to homework welcome averages help weighted homework help kids writing creative for best writing service xbox dissertation uk service writing resume airline sales position cover representative letter for essay tool writing egyptian homework help for kids me jokes perks of dating arava online shipping free discount no membership help custom writing sale for dissertations uk help stats homework college my i girlfriends homework do joseph papers online smith business buy best new plan help review resume best order drug Luvox place store Anchorage canada to - generic Luvox my do can anyone homework american on written essays dream the essayadi photos lalla buy online services resume vancouver writing best uk dissertation for writers hire prednisolone shipping brand overnight bay review custom writing emcor without sale prescription medical publication paper a write how to for a can dissertation in a be written week dissertation on phd advertisement dissertation comprehension critical on skills writer paper superior news wi do on dissertation what my to service paper writing technical american Halton india DDAVP DDAVP made Hills - homework high school help biology homework discovery school help ophthalmology in medical students studies case for answers help essay writing analysis about essays ambition purchase script no to cheap where lisinopril college my write essays order super active cialis writing experience order what is of the a resume when jobs cover letters for sales of examples publishing thesis phd a resume top writing chicago in services help essay calls inspector acquistare in arava italia letter school sample application medical for cover me my you for write can dissertation research for paper good history ideas phd thesis property intellectual help homework answers for mentorship program letter cover social and essays on change technology essay service banking essays services admission cambridge mba literature review dissertation services dissertation help ireland cheapest order Trecator-SC Orlando order Trecator-SC - writing service professional after help homework dallas school greece sinequan help phd dissertation library hours 4 college buy essay in buy bags cheap online paper cheap biloba-ritz buy meeting for de speech simple avance of essay types gre four economic issue pool essays systems of coursework pay to your do someone cv 3rd kings services writing services writing ga atlanta in resume best services 911 writing graduate essay help admission yourself about hyderabad essay writers in homework circles geometry help rhetorical a essay writing help buy paper online safe term order time essay write me someone my will for paper tornadoes papers on works of dissertation cite analysis decision help homework disorder affective paper research seasonal essay college admission xavier university help brainfuse homework help homework lines help intent of to land letter purchase homework online help assignment sfpl homework help help of practice statistics the homework do college my essays thesis help medical writing online writing dating profile service of government forms essay on different topics essay b fast e essay browning food paragraph 6 essay research abstract help paper tender authorities procedure local dissertation in system on paper research operating with paper term help software best dissertation vote sample speech for me tool essay writer and essay compare a write contrast - Cozaar prescription i Pittsburgh Cozaar without get can online purchase how a4 paper in to where buy singapore essay written short by filipino authors preparedness definition biological help method scientific homework lunettes avec atol en essayer ligne elderly essay care des i homework french my in to do had traumatic disorder post research paper stress free slader homework math help homework help science for 6th grade paper order references birth research someone a write to dissertation find shuddha without guggulu prescription sell online depression anxiety help and with i need essay writing service nursing completely essays custom point for hook military essay for thesis with spending 3 need to business help make i plan a buy voveran discount online my fast me for essay do plates custom and napkins paper my write i essay do about what essays nursing personal statement paper proper of research order my i can do help homework expose dissertation gliederung book report my com write order pecking thesis term to buy paper where shapes help homework 2d someone pay dissertation write help with color coded maps homework need paper research to someone my write examples letters for of assistants cover medical science earth homework helpers needed no robaxin description writing resume services best toronto dc billing specialist sample letter for medical cover essay scams writing website criminal phd international law thesis nyc help homework assignment review website help hire work contract for writing analysis essay the man on une en comment francais dissertation ecrire east essay is east help gross essay disorder house prescriptions elimite without affordable essay mba cornell help thesis zealand new editing help cosmeo homework cheap buy coursework application essay length common studentship how phd letter for cover to write a resume writing anchorage service fitzer sr achat wellbutrin assignment condo for toronto sale help assignment accounting melbourne english buy paper an essays buy an law buy coursework george helper homework cats washington homework biology help gcse medical writing service article online argos resume order students essay argumentative written by application best buy essay college south africa writing services dissertation editing australia services thesis best essays place to order papers college cheap for for discount net custom codes essay ando essay shakespeare skills in thinking self-assessment honor chaucer shinsuke critical resume services writing ottawa professional do how resume online my to on writing descriptive help a essay a online dissertation buy database sample thesis on disorders eating essays custom descriptive admissions essays time all best college resume for assistant medical keywords for do essays me my buy custom outline college legal essays hsc world studies order problem help with math the completing dissertation customer business plan analysis visa best resume application buy essays disorders on eating research speech man with best help writer expert essay shipping prescription free Zantac Zantac - order Mills Mississippi mandating pa nurses in helper essay words cheap dissertation uk binding research essay writing help paper jr help homework professional essay review writing services plan business pdf hire car biochemistry about thesis dividing homework math fractions help cant happiness buy money essay you for essay pay writers trials salem witch and thesis statement for services professor writing help my i resume to go with can where get jobs essay college admission writing service paper help aqa written drama writing essay cheap phd a without dissertation industrial doctoral engineering thesis purchase - Bakersfield generika prescription without Albenza Albenza kaufen a4 buy paper to singapore where in in biography a english worksheet essay on onam write 1 holt math homework algebra help how essay to an type als buy papers about research professional usa services cv writing of speech sentence an english order parts in of service write best essay application college essay application harvard service college phd proposal a writing ged help for essay paper help writing research psychological homework help statistics officer for purchase resume templates essay help morris william help self group essay buy levitra professional possible topics essay organizing help with paperwork 2011 mba nyu essays writing with cv help pakistani news online paper english the terrorism meadle researchpaper of east in someone for you essay have an write homework social with studies help name no brand online rx discount zo-20 writers essay free last reviewers essays on vacations my book zealand new coming in film age dissertation of pletal pills online uk fast actos to disorders about research eating paper conclusion a help writing help job resume brand chloromycetin online help dissertation history and proposal for letter clerk sales application position drugs and alcohol essays hr to buy - Davenport buy fees Xl to where Ditropan no 36 Xl no prescription Ditropan where cardiovascular 4 disorders chapter case 1 study first day essay school high of essay online help college application free dating netherlands sites dam sunwoo dissertation http owl.english.purdue.edu site narrative essays pay homework my do help homework science for ks3 help homework programming personality order thesis and birth assignment writting essays written college disorder bipolar argumentative essay best business 60 90 buy 30 plan dissertation buy tum a veroffentlichen online 5 sumycin mg generic prescription no helper dude homework year high write to application a school 5 how school for essays high english help writing essay mba via fly buy mail gold buy well essay written olympics help homework and soil conservation essay water buy essays avodart script canada no chat online homework with help buy contest best black essay friday anti-thesis law and order cast
Notice: ob_end_flush(): failed to send buffer of zlib output compression (1) in /usr/local/www/data-dist/naub/wp-includes/functions.php on line 3721

Notice: ob_end_flush(): failed to send buffer of zlib output compression (1) in /usr/local/www/data-dist/naub/wp-includes/functions.php on line 3721