LEGAL CHARACTERISTICS OF COPYRIGHT AND RELATED RIGHTS IN CONTEXT OF THEIR TRANSFER TO THE SHARE CAPITAL OF COMPANIES

Abstract

The article defines objective and subjective copyright. It also identifies copyright and related rights, objects of copyright and related rights and subjects of copyright and related rights. In particular, the primary entities that own the copyright (author, co-authors) and derivative entities to which the respective copyrights are transferred are separated. The article also defines the term of validity of copyright and related right in the context of which transfers of which intellectual property rights are most beneficial to the company to which they are transferred. The grounds for the occurrence of copyright and related rights are characterized. The classification of the turnover of the copyright and related rights is made. The possibility of partial transfer of copyright and related rights to the share capital of the companies is analyzed. The peculiarities of entering into the share capital of copyright and related rights, the contractual constructions by which the transfer of property rights to the objects of copyright and related rights can be carried out. The content of the copyright contracts is analyzed and the following definition of the copyright contract is formulated: the contract under which the author disposes of his copyright (in whole or in part) or gives permission to use the work in any one or all known ways, or undertakes to submit the work created in the future. It is expedient to use the terminology used in Chapter 75 of the Civil Code of Ukraine for the title of copyright contracts (exclusive intellectual property rights transfer agreement, license agreement, contract for the creation to order and use of the object of intellectual property etc.). Formed position that the transfer of copyright and related rights to the share capital of the company is beneficial in the case of such company obtained legal rights by determining the destiny of the work.