Theory and practice of intellectual property
№ 6 / 2020
ISSN (Print) 2308-0361
ISSN (Online) 2519-2744
PDF (Ukrainian)DOI: https://doi.org/10.33731/62020.233885
Published 2020-12-01
Work of collaboration in the creation of literary works under the legislation of Ukraine and France
Yuliia Kedya
Ukraine
https://orcid.org/0000-0002-9479-8927
Abstract
This article highlights particular legal frameworks, definition and practice of applicability of co-authorship (works done in collaboration) by publishers and co-authors. In addition, we will cover the differences between the co-authorship upon creation of a work and collective works. The analysis is based, inter alia, on comparison of French Ukrainian laws, thus, giving an opportunity to crystalize particular shortcomings and advantages of set forth by Ukrainian laws related to above matters.
The research formulates a comprehensive overview of the defining and basic rules of co-authorship, comparative analysis of (a) collective works with (b) works of collaboration, as well as analysis of shortcomings and advantages set forth by Ukrainian laws. The author reviews and analyzes main provisions in Ukrainian legislation, suggests possible solutions of the main problems, deliberates ways of laws development in future. The paper is based on author’s professional experience.
Main conclusions of comparative analysis of legal regulation definition of coauthorship definition in Ukraine and France are as follows:
– According to Intellectual Property Code of France only physical persons may be considered co-authors, including literary works. At the same time, Ukrainian law is silent on this matter. It must be noted that according to the Law of Ukraine «On Copyright and Related Rights» (the «Copyright Law»), co-authors are persons whose joint work creates a literary work. At the same time, the definition given to the author by said law limits creative participation to physical person;
– The Copyright Law defines the concept and set forth the preconditions for co-authorship. However, unlike the French Code of Intellectual Property (Article L113- 2), no due attention has been paid to the concept of a collective work. The authors believe that it is advisable to supplement Article 19 of the Copyright Law by (i) the definition of a collective work and (ii) to distinguish between the concepts of a composite work and a collective work;
– It is necessary to harmonize the conclusion of an agreement between co-authors in the Civil Code of Ukraine and the Copyright Law;
– Research uncovered certain flaws in the conclusion of agreements between co-authors on creation of a collective work;
– Examining the Intellectual Property Code of France was helpful for finding the difference between collective works and co-authorship of a particular work.
Keywords: work of collaboration, composite work, collective work, copyright, intellectual rights, literary work
References
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