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Структура исключительного права как субъективного права автора
Purpose: In legal science there is a consensus that the right is composed of elements that are usually referred to with «authorities». However, the controversial issues are questions about the number of such authorities, the grounds for dividing the right in those elements. The thesis about a variety of points of view on this issue simplifies reality. In fact, in legal science there are disparate lines of discussion about the structure of the exclusive right and the right in general. Methods: In the present study, the author uses the following methods: formal-dogmatic, systematic and structural, as well as the methods of formal logic. Discussion: Three fundamentally different approaches to the structure of an exclusive copyright are analyzed in the paper. The first approach is based on a full or a modified transfer of the structure of the right of ownership on of the copyright. The second approach is based on general law theories that every right has 2 or 3 or 4 types of authorities. The Third approach involves the solution of the question of whether the exclusive copyright right one or this right consists of some independent rights such as the right of reproduction of the work, right of public performance of the work. Results: Authority is theoretically allocated element of the right. In reality, the right as a system of authorities cannot be divided into those elements. The research revealed in particular that the right of reproduction, the right of distribution etc. have the qualities of separate rights, and not authority (elements of the right).