Open AccessLEGAL REGULATION OF AUTHOR'S REMUNERATION UNDER THE LEGISLATION OF UKRAINE
Author(s) -
Kateryna Troshkina
Publication year - 2020
Publication title -
naukovì zapiski. serìâ: pravo
Language(s) - English
Resource type - Journals
eISSN - 2522-9249
pISSN - 2522-9230
DOI - 10.36550/2522-9230-2020-1-9-51-57
Subject(s) - remuneration , legislation , payment , legislature , business , normative , consolidation (business) , work (physics) , accounting , property rights , intellectual property , law and economics , law , economics , political science , finance , engineering , mechanical engineering
The article is devoted to the analysis of normative-legal regulation of payment of royalties. The main types of royalties under current national legislation have been studied. It is established that the amount and procedure for payment of royalties for the creation of a work are established in the copyright agreement or in agreements concluded on behalf of the subjects of copyright by collective management organizations with persons who use the works. The most important property right of the inventors is the right to remuneration for intellectual activity, which contributes to the formation of promising areas of science and technology. Author's remuneration is a certain payment in favor of the author of the work, due to the use of this work by another person. The right to remuneration does not belong to the number of personal non-property or property copyrights. Legislative consolidation of royalties is a logical necessity for the development of inventive creative activity in Ukraine. The legislation of Ukraine may establish minimum rates of royalties and the procedure for their application and minimum rates of remuneration for the use of related rights and the procedure for their indexation. Despite the economic nature of the fee, its legal nature, in general, is an essential aspect of copyright and, in addition, allows you to assess the current copyright system, both at the level of individual organizations and nationwide. It is determined that the national legislation rather fragmentarily embodies the basic principles of payment of inventory fees, which certainly slows down the progressive processes of inventors and causes legal disputes between inventors, employers and other subjects of legal relations in the field of invention.