Исключительное право правообладателя и интересы общества: пути достижения баланса
Intellectual property law enshrines the monopoly of the copyright holder. It is absolutely necessary that this monopolism of the right holder does not contradict the public interest. The sphere of private and public relations in intellectual property law is currently one of the most relevant in the world. It causes interest in Russia. Separate articles have been published on this topic, but in the form of a monograph it is presented for the first time in this collected articles. Under the cover of this work are collected the articles of the authors whose views, academic schools, the practical experience are differ. We believe that this is an advantage of this collected articles, because it gives an idea of how difficult it is to achieve a balance between the monopolism of the right holder and the public interest.
An imbalance of interests can arise not only in favor of the copyright holder against the interests of society. But also against the copyright holder in the interests of another copyright holder. With regard to performing artists, an incredible imbalance has arisen. AI rights began to be recognized only in 1961, when the Rome Convention on the Protection of the Rights of Performers, Producers of Phonograms and Broadcasting Organizations was adopted, which guarantees a minimum amount of rights of performers to their unrecorded performances, giving them not the exclusive right of right holders, but “the opportunity to prevent ". Exclusive rights to performing artists were granted later. Art. 19 of the Rome Convention deprives performing artists of all exclusive rights to recorded performances. The situation is partially overcome. Moral rights were not granted to performing artists under the Rome Convention, they were granted much later. The article considers the development of norms in these three areas (exclusive rights, Article 19 of the Rome Convention, moral rights) in international treaties and the Civil Code of the Russian Federation.
Intellectual property law enshrines the monopoly of the copyright holder. It is absolutely necessary that this monopolism of the right holder does not contradict the public interest. The sphere of private and public relations in intellectual property law is currently one of the most relevant in the world. The introduction shows the severity of the issue and the problem of finding a balance of interests of the copyright holder and society. The advantages of the collection of articles “The exclusive right of the copyright holder and the interests of society: ways to achieve balance” are shown.