ОНЛАЙН-СТРИМІНГ ТА АВТОРСЬКЕ ПРАВО НА ТВОРИ
Journal Title: INTERNATIONAL ACADEMY JOURNAL "Web of Scholar" - Year 2018, Vol 5, Issue 4
Abstract
Іn the article explores the content of such a phenomenon as «online streaming», the development of digital technologies and Internet business, based on these technologies, related to use of copyright objects - musical works. In the articlе contemplates the following issues: 1) what is the «strеiming»; 2) who are subjects (participants) of legal relations; 3) which can be ways to use musical works by strеiming; 4) who are payers and how formed rates of the author's remuneration (royalties) at the conclusion of the license agreements. Given the definition of the concept of «strеiming», «online strеiming». Іn the article compares of technologies of strеiming with broadcast. Digital technologies are changing the classic representation of the provision of services to users. Concludes that differentiation between strеiming and Internet-broadcasting are conditional. Іn the article analyzes the actions to use musical works by the strеiming. Attention is focused on the problem of the conclusion of the license agreements and payment of the remuneration music services to authors. Today, the only revenue model that is the base of the calculating of music services and payment of remuneration to authors. Сonditionally determined by following the model of the calculating of the size of the remuneration for paying authors: 1) from the revenue, derived from paid services provided music services to users; 2) from the revenue, derived from the provision of music services of advertising and other services; 3) mixed model, when the revenue received from the paid services and advertising or other services. This article describes trends by making changes to the legislation in order to simplify the procedure of conclusion of an agreements, and the establishing common rates of the remuneration, that have paid music services to authors. At the end of the article the author draws conclusions.
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Валентина Троцька
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