著作权产权集体管理的组织形式和法律形式的民法分析

I. Yakubova
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引用次数: 0

摘要

由于集体权利管理组织由权利人直接组成,并在合同赋予权利人的权力框架内开展活动,因此可以说,这种组织的活动是会员制的。在这种情况下,我们说,实体联合起来形成一个保护版权的法律实体,表现为在集体基础上对这些权利进行管理。权利人在组织中的成员资格是集体管理组织的重要特征之一。这些改革涉及保障作者的合法权益、杜绝非法使用版权作品、公平支付版权、加强对侵犯版权行为的问责措施等问题。此外,大量的未经授权使用作者作品和向作者支付不公平版权费用的案例表明,越来越需要发展作者产权集体管理制度。在我国,存在着许多亟待解决的问题,规范著作权法律关系,特别是著作权保护中的著作权集体管理,研究著作权合同的相关程序,是亟待解决的课题。此外,文章还着重讨论了目前该制度的完善、版权保护的国际标准、国家立法的比较法分析等方面存在的一些问题,以及乌兹别克斯坦等国科学家的意见。对版权事业的发展提出了具有科学意义和现实意义的建议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
CIVIL LEGAL ANALYSIS OF THE ORGANIZATIONAL AND LEGAL FORM OF COLLECTIVE MANAGEMENT OF PROPERTY RIGHTS IN COPYRIGHT
Since a collective rights management organization is formed directly by right holders and acts within the framework of powers received from them under the contract, it can be said that the activities of such an organization are membership-based. In this case, we say that the association of entities to form a legal entity for the protection of copyright is expressed in the management of these rights on a collective basis. Membership of rights holders in the organization is one of the important elements characterizing collective management organization. These reforms are related to issues such as ensuring the rights and legal interests of authors, putting an end to the unauthorized use of copyrighted works, fair payment of copyrights and strengthening accountability measures for copyright violations. In addition, a large number of cases of unauthorized use of author’s works and non-fair payment of copyright to authors indicate the growing need to develop the institution of collective management of author’s property rights. In our country, there are a number of issues that are waiting for their solution, and the regulation of copyright-legal relations, in particular, collective management of copyrights in its protection, and the research of the processes related to the copyright contract are urgent tasks. In addition, the article focuses on some current problems related to the improvement of this institution, international standards of copyright protection and comparative legal analysis of national legislation, as well as the opinions of scientists from Uzbekistan and other countries. Proposals and recommendations of scientific and practical importance for the development of copyright were put forward.
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