Peculiarities of Some Author’s Rights Realization

The most complicated in its realization material and personnel author’s rights are investigated in the article. The authors pay special attention to the next intellectual property rights: defense of the honor, dignity and goodwill of the author; inviolability of the composition; follow right; right of remuneration (royalty) for the commercial usage of the composition. The right of inviolability of the composition is a non-material right of intellectual property according to Ukrainian legislation but as an exception may be defended by other persons which are not subject of this right. On the contrary with the right of inviolability the right to change composition is a kind of material right of the author, which may be inherited. But changes into authors composition without his agree may break authors right on the honor and dignity which nevertheless exist during the lifetime of the author. Personnel non-material rights are valid during one’s lifetime on the contrary to the personnel rights of intellectual property. Thus, it is worth to provide that right to change composition after the death of the author other than translation or adoption as non-transferring material right of the author.   Follow right is the inalienable author’s right for 5 % from the sale price of the original artistic composition. Civil code of Ukraine doesn’t reveal to which kinds of artistic compositions may be applied follow right except for fine art compositions. It is told about works of fiction but it doesn’t allow to distinguish which objects should be excluded from the follow right. Logic position and international practice show that architectural objects and objects of folk arts are not amongst those, which may be used follow right for. Right of remuneration (royalty) for the commercial usage of the composition is weakly regulated. The main trouble that on the contrary with many other countries Ukrainian legislation doesn’t anticipate an obliged payments for commercial usage of compositions to persons who owns a material intellectual property rights. Besides, the exceptional list of free cases of compositions using contains also kinds of using which may anticipate commercial aspects. Especially it’s relevant to parodies, potpourri and caricatures. Using in such way changed compositions as a rule gives some commercial benefit or profit from advertising in the Internet whilst video clip. Also such kinds of composition’s changes may break the author’s right on honor, dignity and goodwill as well as an inviolability of the composition. The authors propose to define strictly the amount of repeat in the literature and musical compositions, which will be recognized as plagiarism. Besides, legal relations between the authors and publishers and possible ways of legal regulation of their material rights division are investigated in the article.