The text of the government bill No. 7539 "On Amending Certain Legislative Acts of Ukraine Regarding the Settlement of Copyright and Related Rights Issues", which was registered in the Verkhovna Rada on February 1, was promulgated.
The bill is intended to adapt the Civil Code and the Law "On Copyright and Related Rights" to the norms of the European Union legislation on the protection and protection of copyright and related rights.
In particular, the Civil Code suggested that the subjects of copyright can manage their property rights in person, through their attorney, through the organization of collective management. The procedure for creating and authorizing seizures, cases where the management of property rights is allowed exclusively through such organizations, the procedure for determining authorized organizations, the supervision of activities are established by law.
In addition, the Civil Code is supplemented by a new article 1111-1 regulating the institution of a license contract on the basis of a public offer. So, the licensor and the licensee have the right to conclude a license agreement on objects of copyright and related rights on the basis of a public offer (offer), which is distributed by the licensor. Dissemination of the public offer is its publication by the licensor together with a copy of the object of copyright and / or related rights with the provision of the possibility of remote acquaintance with it to an unlimited number of persons using information and telecommunication systems. The license contract on the basis of a public offer is considered concluded after the acceptance of such an offer by the other party (the licensee). Acceptance of a proposal is considered to be the performance of actions that express agreement with the conditions in the manner provided for by the public offer, including through technical means of communication. Licensee under a license contract on the basis of a public offer has the right at any time to unilaterally abandon such a license agreement, in particular by terminating the use of the relevant object of copyright and / or related rights. The condition of the license contract on the basis of a public offer on the impossibility of unilateral refusal by the licensee of such a contract is void. A license contract on the basis of a public offer may be free if it does not specify the amount, procedure and terms of payment of remuneration for the use of the object of copyright and / or related rights. If the license contract on the basis of a public offer and / or information on the management of the rights to the object of copyright and / or related rights, which is used on the terms of such agreement, provides for the possibility of paying a fee for the use of the object of copyright and / or related rights voluntarily at the discretion of the licensee, The amount of remuneration may be lower than the minimum rates established by the Cabinet of Ministers. A license contract based on a public offering, for which an exclusive or a single license is granted, is void.
In turn, the Law "On Copyright and Neighboring Rights", in a new version, sets forth Article 1, which defines terms. So, it includes concepts: interactive access, cable retransmission, cinematographic work, a person with disabilities to perceive printed information, transfer to hire (hire), a loan, and so on.
In general, the bill proposed:
- to regulate the ownership of property rights to objects of copyright and related rights created by order or under an employment contract;
- to provide licenses in digital form, provided by means of electronic communication in the form of a public offer;
- free licenses that provide the author with flexible tools for the legal and free distribution of their own creative results.
In addition, there is foreseen a toughening of liability for the illegal use of the object of intellectual property rights (subject of copyright and (or) related rights, scientific discovery, invention, utility model, etc.) - a fine of 50 to 200 NMDG with confiscation (now from 10 up to 200 NMDH). The lower limit of the fine and for the illegal distribution of copies of audiovisual works, phonograms, videograms, computer programs, databases increase. At the same time, it is also responsible for illegally renting copies of audiovisual works, phonograms, films, computer programs, databases.
Also, the Cabinet registered bill No. 7538 regarding the legal protection of inventions and utility models.