Recognition of Copyrights
Elena G. Belkova · Academic Law Journal · 2024
The article is devoted to the study of the recognition of right as a universal way to protect civil rights and as a special way to protect copyright. The goals and effectiveness of this method for restoring violated civil right are analyzed. Various assessments and characteristics of this method of protection offered by scientists are considered. It is noted that recognition of right is often an intermediate stage before using other ways to protect civil rights to achieve the goal of protection. The article discusses the relationship between general protection methods and special protection methods using the example of copyright recognition. The recognition of an exclusive right, the conditions for its application, and the importance for achieving the goals of protection are considered. The conclusion is justified that the recognition of the exclusive right of the copyright holder is not a self-sufficient method of protection, its use without the additional use of other methods of protection is not an effective legal measure to protect property interest and property right. Unlike the exclusive right, the recognition of personal non-property right can be seen as an effective and self-sufficient way of protection. In this case, the recognition of a right is not a circumstance that can be proved and opens the possibility of applying another method of protection, but is a sufficient effective legal remedy. It is noted that due to the inalienability and non-transferability of the personal non-property rights of the author of the work, only the author can be recognized as the copyright holder of such rights upon his appeal to the court or appeal to the court of other persons, for example, heirs. Non-recognition of authorship is not considered a violation of personal non-property right. The conclusion is justified that the subject of protection in this case is a legitimate interest in the recognition of copyright. It is proposed to re-estimate in the context of the dialectical relationship the recognition of subjective civil right, the recognition of exclusive rights and the recognition of personal non-property rights, taking into account the result (achievement) of the goal of protection.