Features of the transfer (alienation) of property rights for public announcement of an unfixed performance (live broadcast) under a contract on the transfer (alienation) of property rights under the legislation of Ukraine
Year: 2025
Type: article
Abstract: Objects of related rights, despite their close connection with objects of copyright, are separated into a separate group of objects according to Ukrainian legislation. The content of intellectual property rights to a particular object is personal non-property rights and property rights. Each of the objects of related rights has its own moment of occurrence of personal non-property and property rights. Property rights provide the opportunity to dispose of them. The current profile legislation of Ukraine provides the opportunity to dispose of property rights both partially and completely. The purpose of our work is to study the features of disposal of a property right to the public announcement of unfixed performance (live broadcast) under an agreement on transfer (alienation) of such a right. What does the disposition of the property right to public announcement of an unfixed performance (live broadcast) mean under an agreement on the transfer (alienation) of property rights? This means that the complete and irrevocable transfer of the property right is being conveyed (alienated) to a new subject from the primary one, which is the performer (performers). Why did the author choose to study the disposition of the property right to public announcement of an unfixed performance (live broadcast)? The idea for this study arose due to a certain inconsistency of the moment of emergence of property rights to the specified object with the general rule that disposition can only take place in relation to the created object, and accordingly, the property rights arising in connection with this. The dialectical approach formed the methodological basis of the study, which allowed us to analyze the features of the transfer of property rights to the public announcement of an unfixed performance (live broadcast) under a contract on the transfer (alienation) of such rights. As a result of the study, the author paid special attention to the analysis and study of the fact that it is impossible to identify a contract on the transfer (alienation) of property rights to an object of related rights and a transfer an object of intellectual property rights under a purchase and sale contract. These are separate civil constructions. Yes, indeed, without the emergence of an object of related rights, property rights to it do not arise, however, the object and property rights are independent of each other, and accordingly, the alienation of the object does not mean the alienation of property rights to it and vice versa. Of course, at the same time, one cannot speak of the disposal of property rights without familiarization with the object itself, which is quite logical and justified being reflected in the provisions of the relevant Ukrainian legislation. In connection with the conducted research and the conclusions drawn, the author proposed a number of new revisions of articles to the current relevant Ukrainian legislation. One of the key proposed revisions concerns a change in the approach to understanding the moment of the emergence of the property right to performance. The basis of the proposal is the author’s opinion that it is difficult to imagine concluding an agreement on the transfer (alienation) of the property right to public announcement of an unfixed performance (live broadcast) during the actual implementation of such a public announcement. It is believed that the performance as an object of related rights is not created directly during the public announcement (live broadcast) according to the general rule, but is created before it, by conducting rehearsals, including a dress rehearsal (rehearsals), during which the future new subject has the opportunity to familiarize himself with and conclude a relevant agreement. Taking into account the latter, the performance carried out during the public announcement (live broadcast) is not new. In addition to the actual consideration of the features of the transfer (alienation) of property rights to the public announcement of an unfixed performance (live broadcast), the author raises a numberof other issues related to the topic. Thus, among other things, the author proposes a new wording of the article of the relevant Ukrainian legislation by excluding the employment contract as such, which regulates the distribution of property rights between the employee (employees) and the employer, due to the fact that it is not civil law in nature, firstly (and we are talking about the creation of an object of intellectual property rights), and secondly, based on the fact that the distribution of property rights cannot occur in advance, that is, before the moment of their occurrence. Instead, the author suggests introducing a new contract into the wording of the article of the relevant Law of Ukraine, namely, the contract on the transfer (alienation) of property rights to service objects of copyright and related rights.
Author: N. H. Pecherova
Institution: V.M. Koretsky Institute of State and Law
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408121198