Problems of author’s definition of a cinematographic product of a person different from a private individual

Keywords: author, private individual, private entrepreneur, product of cinematography, artificial intelligence

Abstract

The article is devoted to the research of defining other persons different from a private individual as the author of a cinematographic product. Thus, the author draws attention to the fact that in practice quite often copyright agreements are concluded with private entrepreneur, in particular making such agreements when creating a cinematographic product is quite common. The article analyzes the legal nature of the private entrepreneurs, as well as the possibility of recognition them as the author of the cinematographic product within the current legislation of Ukraine.

Attention is drawn to the fact that in the course of economic activity private entrepreneurs exercise their economic competence, namely the set of economic rights and obligations. At the same time, the rest of the rights and duties of the private individual, which make up his/her legal capacity as a person, are acquired and performed by him/her outside the scope of economic activity. In this case, the current legislation of Ukraine does not distinguish the author of the cinematographic product of a private entrepreneur, instead, Art. 1 of the Law of Ukraine оn Copyright and Related Rights envisages directly that the author is a private individual.

The author draws attention to the fact that a person who is obliged to create a cinematographic product cannot be called an author, since the product has not been created yet and there is no guarantee that the person will fulfill his/her obligations and become an author. In this regard, scientists believe that before the creation of the object of copyright, the party to the contract may be called the author conditionally, and it is more appropriate to name the relevant party to the contract - "the person whose creative work creates the product" or "person obliged to create the product".

Also, in connection with the development of artificial intelligence and robotics, the issue of the possibility of recognition of artificial intelligence as the author of the cinematographic product, including one of the authors of the cinematographic product, is analyzed. The author concludes that there is a need for legislative regulation of the creation of a new cinematographic product, using artificial intelligence, the copyright of which will belong to the owner (manager) of artificial intelligence.

References

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Law of Ukraine оn Copyright and Related Rights № 3792-XII. (1993, December 23). Retrieved from: https://zakon.rada.gov.ua/laws/show/3792-12 [in Ukrainian].
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How to Cite
Poturai, K. (1). Problems of author’s definition of a cinematographic product of a person different from a private individual. Law Review of Kyiv University of Law, (3), 201-204. https://doi.org/10.36695/2219-5521.3.2019.34
Section
Intellectual property law issues