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Transboundary Copyright Relationships in the Digital Space

Student: Mansurova Dinara

Supervisor: Dauletshina Elza

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

This study is devoted to the analysis of cross-border regulation of copyright relations in the digital space. The constantly changing environment dictated by the characteristics and requirements of the information society indicates the need for continuous improvement of the legal regulation of copyright relations, not only at the national level, but also at the cross-border level. The Usage of Internet resources for the purposes of using copyrighted works, as well as for establishing contractual consolidation of copyright relations in the global space. In the context of global information processes, the role of cross-border regulation of copyright relations is increasing. In this regard, important international legal acts have been adopted, such as the World Copyright Organization Treaty and the World Intellectual Property Organization Treaty on Performances and Phonograms, and the EU Directives, namely the EU Directive "On the Harmonization of Certain Aspects of Copyright and Related Rights in the Information Society", are important for the cross-border regulation of copyright relations», the comparative legal analysis of the Western experience of regulating this industry and the analysis of its impact on other legal systems is also important for the development of copyright regulation. In particular, these acts include the US Digital Millennium Copyright Act. For the Russian legal reality, this sphere of regulation today also has a high degree of relevance, since the rapid growth of the use of the results of intellectual activity in the context of the transition to an information-type society requires a corresponding constantly modernizing level of legal regulation of this industry, as well as the need to comply with the provisions of international agreements that are aimed at implementing cross-border regulation of copyright relations. Structurally, this work, in addition to the introduction, conclusion and list of sources used, includes two chapters and 6 paragraphs. The first chapter consists of three paragraphs, which consider: 1. The historical aspect of the development of copyright relations 2. The current state of cross-border regulation of copyright relations 3. The specifics of the implementation of cross-border regulation of copyright relations in the context of the digital space. The second chapter is fully devoted to the analysis of certain aspects of cross-border regulation in the comparative legal aspect. It also has three paragraphs: 1. regulation of copyright relations in the United States; 2. The role of WIPO Treaties in the cross-border regulation of copyright relations 3. the role of EU Directives in the cross-border regulation of copyright relations. According to the results of the study, it was revealed that currently there is a transformation of copyright relations in connection with the processes of globalization and digitalization. At present, there is a need to distinguish between professionally created objects of copyright and works with insignificant value. The difference in legal regulation for such objects lies in the scope of the rights that can be granted regarding the use of the results of intellectual activity, the terms of granting legal protection, the consequences of copyright infringement and the possibility of applying the institution of free use. It also seems necessary to develop a mechanism for transferring copyright objects from the category of objects with insignificant value to the category of professional objects and vice versa. It seems that the current legislation of the Russian Federation in the field of intellectual property rights has been brought into line with the provisions of international treaties that the Russian Federation has signed with other states to date. A comparative analysis of international and Russian legislation suggests that the norms of Russian intellectual property law comply with the provisions of the TRIPS Agreement, which is of particular importance, since it is an integral element of the WTO documents.

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