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Features of Legal Protection of Images Intellectual Property Rights

Student: Korneichuk Maksim

Supervisor: Elena Emelyanova

Faculty: School of Law

Educational Programme: Civil Law and Commercial Law (Master)

Year of Graduation: 2021

The work is devoted to the study of the legal nature of images, the peculiarities of their legal protection, the problems of determining the violation of rights in the form of rework, as well as the delimitation of rework from related legal phenomena - such methods of free use of images as quoting, creating parodies, as well as parallel creation. The work examines the legal nature of image composition, its role in determining the presence of image rework, the prospects for the possibility of recognizing it as an independent object of copyright in domestic regulation. The author insists on the need to reform certain provisions on intellectual property legislation: to establish stricter requirements for the free citation of works, to consolidate the criteria developed by practice for the legality of parodies, and also to develop clearer criteria and tools for applying the institution of rework, since the current legislation cannot be called harmonious and orderly in the specified part. The author turns to domestic and foreign judicial practice and examines the current contradictions and problems that the courts face when resolving disputes over the protection of intellectual property rights of images, and suggests possible ways of their practical solution.

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