Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"

de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia

Maracaibo, Venezuela

Esta publicación cientíca en formato digital es continuidad de la revista impresa

ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp

197402ZU34

ppi 201502ZU4645

Vol.41 N° 78

Julio

Septiembre

2023

ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132

Cues tio nes Po lí ti cas

La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to

de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-

cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.

En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias

Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-

ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-

ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.

Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con

avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-

co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.

ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN

Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de

Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-

gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of

Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s

Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-

nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.

Di rec to ra

OIRALITH

M. C

HIRINOS

ORTILLO

Co mi té Edi tor

Eduviges Morales Villalobos

Fabiola Tavares Duarte

Ma ría Eu ge nia Soto Hernández

Nila Leal González

Carmen Pérez Baralt

Co mi té Ase sor

Pedro Bracho Grand

J. M. Del ga do Ocan do

José Ce rra da

Ri car do Com bel las

An gel Lom bar di

Die ter Nohlen

Al fre do Ra mos Ji mé nez

Go ran Ther born

Frie drich Welsch

Asis ten tes Ad mi nis tra ti vos

Joan López Urdaneta y Nil da Ma rín

Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-

cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co

“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.

com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.

Vol. 41, Nº 78 (2023), 628-648

IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ

Recibido el 30/01/23 Aceptado el 15/04/23

Peculiarities of protection of personal non-

property intellectual rights on the internet

DOI: https://doi.org/10.46398/cuestpol.4178.43

Ekaterina Spasova *

Olha Kulinich **

Svitlana Mazurenko ***

Andrii Ivanytskyi ****

Olesia Izbash *****

Abstract

Using a documentary analysis method, it examines the legal

issues that exist in the eld of application and protection of non-

proprietary personal intellectual rights on the Internet. The rst

section examines the legal consequences of the active development

of information technologies and their impact on relations in the

eld of intellectual property. It identies some issues that arise

when placing intellectual property objects on the Internet. The

second section of the article provides an overview of approaches to the

legal regulation of intellectual property relations under the legislation of

Ukraine. The third section highlights the types and features of violations

of non-proprietary personal intellectual rights on the Internet, as well as

legislative and technical methods of their protection. It is noted that the

main types of violations of non-proprietary personal intellectual rights

on the Internet are piracy and plagiarism. It is concluded that, among the

problems that hinder the adequate protection of intellectual property rights

on the Internet, the main ones are the legal uncertainty of many key concepts

or their insucient development and the lack of eective mechanisms for

the protection of personal non-property rights.

Keywords: intellectual property; non-proprietary personal rights;

* Ph.D., Associate Professor of Civil Law Department of National University “Odessa Law Academy”,

Odesa, Ukraine. ORCID ID: https://orcid.org/0000-0002-8126-2306

** Doctor of Law, Associate professor, Professor of IP and information law Department, Educational and

Scientic Institute of Law, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine. ORCID ID:

https://orcid.org/0000-0003-1337-8494

*** PhD., Associate Professor of the Department of Intellectual Property Law and Patent Justice of National

University “Odessa Law Academy”, Odesa, Ukraine. ORCID ID: https://orcid.org/0000-0003-2572-

9909

**** Senior Lecturer, Department of International and European Law Leonid Yuzkov Khmelnytskyi

University of Management and Law. Kmelnytskyi, Ukraine. ORCID ID: https://orcid.org/0000-0002-

3689-6334

***** Ph.D., Associate Professor of of the Department of General Legal Disciplines of the National University

"Odesa Maritime Academy", Odesa, Ukraine. ORCID ID: https://orcid.org/0000-0001-7629-1957

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Peculiaridades de la protección de los derechos

intelectuales personales no patrimoniales en Internet

Resumen

Con un método de análisis documental, se examina las cuestiones

jurídicas que existen en el ámbito de la aplicación y protección de los

derechos intelectuales personales no patrimoniales en Internet. La primera

sección examina las consecuencias jurídicas del desarrollo activo de las

tecnologías de la información y su impacto en las relaciones en el campo

de la propiedad intelectual. Se identican algunas cuestiones que surgen al

colocar objetos de propiedad intelectual en Internet. La segunda sección del

artículo ofrece una descripción general de los enfoques de la regulación legal

de las relaciones de propiedad intelectual bajo la legislación de Ucrania. La

tercera sección destaca los tipos y características de las violaciones de los

derechos intelectuales personales no patrimoniales en Internet, así como

los métodos legislativos y técnicos para su protección. Se advierte que los

principales tipos de violaciones de los derechos intelectuales personales

no patrimoniales en Internet son la piratería y el plagio. Se concluye que,

entre los problemas que dicultan la adecuada protección de los derechos

de propiedad intelectual en Internet, los principales son la inseguridad

jurídica de muchos conceptos clave o su insuciente desarrollo y la falta

de mecanismos efectivos de protección de los derechos personales no

patrimoniales.

Palabras clave: propiedad intelectual; derechos personales no

patrimoniales; derechos de autor; tecnologías de la

información; piratería y plagio.

Introduction

In the modern era, which is called the “information society”, we are

witnessing the rapid development of human intellectual and creative

activity. At the same time, society faces problems of a global nature, the

solution of which requires maintaining a balance between meeting the

needs of society and preserving individual rights.

The issue of legal regulation and protection of personal non-property

intellectual rights on the Internet is becoming more and more relevant every

year, as the number of oenses related to the use of intellectual property

rights is constantly growing, and the level of legal regulation and protection

of these rights does not change.

Personal non-property rights are an integral part of every person, their

individuality, a special indicator, a characteristic of the author’s personality.

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Ekaterina Spasova, Olha Kulinich, Svitlana Mazurenko, Andrii Ivanytskyi y Olesia Izbash

Peculiarities of protection of personal non-property intellectual rights on the internet

That is why the violation of these rights is unacceptable from the point of

view of respect for the honor and dignity of a person, business reputation

and other non-property rights, which are recognized at the international

level in all human rights documents.

The last few years have been characterized by the development of

Internet technologies that allow downloading, storing and distributing

various types of information in social and other networks, on various

media and devices. Objects protected by copyright are subject to both legal

and illegal, and sometimes even arbitrary distribution, so the insucient

protection of a person’s personal rights on the Internet and an uncertain

legal eld of protection can harm human rights, which is unacceptable.

That is why it is important to know the rules that protect from violations of

intellectual rights and should guarantee sucient regulation of this issue

at the international and national level, since nowadays the Internet has

become the most important source of information, more popular than any

printed sources and publications.

Due to the fact that the regime of legal regulation of relations on the

Internet is not clearly dened, and identifying the oender and bringing

him to justice is not a simple enough task, the issue of protecting personal

non-property intellectual rights on the Internet is one of the most dicult

and the most pressing issues.

1. Information technologies and intellectual property rights

Modern socio-economic development is characterized by the growth

of the role and importance of factors related to the intellectualization and

informatization of the economic life of society. The share of people who

become mental workers is constantly growing. Information and knowledge

are both the source material and the product of their activity. Analyzing

the long-term trends of economic development and technological

progress, modern researchers single out the following main features of the

information society:

• transformation of information into the most important economic

resource, which has a global character and ensures increased

eciency, increased competitiveness and innovative development

of business entities;

• the growing inuence of information on all areas of human life,

its transformation into a subject of mass consumption by the

population;

• intensive formation of the information sector of the economy, which

occupies a dominant position in the new society;

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• transformation of the information sphere into a foundation, the

basis of all types of economic activity (Pozhuev, 2011).

In terms of the intellectual economy (knowledge economy), information

acts as a special object of contractual relations related to its search, selection,

preservation, processing, distribution and use in various spheres of human

activity. As a specic economic benet, it is an important means of obtaining

additional benets by reducing the uncertainty and risk of business entities.

Circulating in the market economy as a product (information product,

service) or a resource used in the process of economic activity, information

has certain features, namely:

• is an intangible good (an ideal component of existence) and is not

reduced to physical objects that are its carriers;

• is characterized by inexhaustibility, does not decrease in the process

of use and is not consumed in the traditional sense of this term;

• it is not localized in space, easily spreads, replicates (at the current

level of technology) and changes the form of xation;

• does not disappear in the process of consumption, but in order to

obtain a useful eect from the latter, it requires certain intellectual

skills;

• it is practically not subject to physical wear, but it can age morally;

• there is no monopoly on its possession and use, except for the part

that is an object of intellectual property (Bilan, 2016).

The uniqueness of information is determined by the inherent dichotomy

of prevalence and rarity, inexhaustibility and nitude. Despite the fact that

in the conditions of a market economy, information can be an object of

ownership and exchange, the right to own information not only does not

contradict the possibility of its maximum distribution, but also provides for

the latter as a source of growth of the owner’s income.

- The transition to the information economy is inextricably linked

with the rapid development of electronic means of communication,

the latest digital technologies, which signicantly shorten the

terms of reproduction of information, provide opportunities for its

use, making changes and quick delivery of intelligent products to

consumers (Voronkova, 2016).

Modern information technologies, and in particular the Internet, have

formed as a powerful information space. Freedom of communication aims

at equal access of users to information from any, even the most remote

point. Unfortunately, we often think about the problems of legal relations

that arise. Works presented in electronic form and available online can be

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Ekaterina Spasova, Olha Kulinich, Svitlana Mazurenko, Andrii Ivanytskyi y Olesia Izbash

Peculiarities of protection of personal non-property intellectual rights on the internet

used by an unlimited number of users at any time. Every work posted on

the Internet becomes easy prey for copyright infringers (Dubov, 2010).

The widespread use of the Internet in the eld of intellectual property

creates not only new opportunities, but also a number of problems

regarding the eective protection of intellectual property rights. First, the

Internet as a super media means of communication facilitates information

exchange, accelerates the ow of information, contributes to the further

development of the global market of rights to intellectual property objects

and the improvement of mechanisms for coordinating the interests of all

interested parties.

For example, in 1998, the WIPO General Assembly adopted the

WIPONET project, which aims to simplify intellectual property transactions

by creating a global network infrastructure capable of making intellectual

property information available to the general public. Second, the formation

of cyberspace, which has global and digital characteristics, creates problems

of protecting intellectual property rights that have territorial and temporal

parameters, as well as geographical and physical boundaries. Current

regulations are generally focused on the distribution of works on physical

media protected by copyright, while their use on the Internet is practically

unlimited (Kharchenko et al., 2021).

In addition, the use of programs in the global computer network makes it

possible to carry out practically unlimited export and import of intellectual

property objects. Information is transmitted via the Internet in the form

of objects protected by intellectual property rights, in particular: literary,

musical and audiovisual works, photographs, illustrations, drawings, maps,

plans, schemes, etc.

The processing and transmission of data by the network and its

functioning itself occurs thanks to such an object of intellectual property law

as a computer program, and the storage and search of information is usually

carried out using electronic databases, which are also the object of legal

protection in the eld of intellectual property (Goncharenko et al., 2019). In

addition, the Internet also uses means of individualization of participants in

civil circulation, goods and services, in particular: trademarks, commercial

(brand) names, geographical indications (indication of the origin of goods),

domain names (Tomarov and Netska, 2015).

Fixation of the above intellectual property objects in electronic form

and the cross-border nature of the Internet simplies the possibility of

infringement of the rights of intellectual property subjects. At the same time,

an increase in the scope of intellectual property rights or the introduction of

a complex procedure for their implementation, on the contrary, will lead to

the restriction of the rights of Internet users (Nekit et al., 2019). That is why

the task of modern intellectual property law is to achieve a fair and viable

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balance of interests of rights owners and users of intellectual property

objects placed on the Internet.

The transfer of a growing number of literary works, lms, and computer

programs to the digital environment creates a real threat of alteration and

falsication of these works, creation of cheap and high-quality copies, and

their wide distribution in violation of copyright. Computer users with special

devices get the ability to record and re-record and then play them back on

any household device. There is also a real threat of forgery of trademarks,

the spread of computer piracy, etc. (Zharov, 2005).

Thus, the penetration of commercial relations into the Internet creates

qualitatively new problems related to the protection of rights to intellectual

property objects. This necessitates the revision of traditional approaches

to the protection of these rights, the realization that the institutional

environment of the functioning of intellectual property in the industrial

era turned out to be unsuitable for the information society, in which the

problems of protecting copyright and related rights in the digital space are

becoming more and more relevant; protection of business methods and

prevention of violation of rights regarding means of individualization of

unfair competition in electronic commerce.

Systematization and reform of intellectual property rights in the eld of

protection of materials and other objects transmitted over the Internet is

an urgent issue when information is becoming an increasingly important

factor production and an increasingly valuable object of civilian circulation

(Tsybulev, 2005).

Intellectual property is one of the components of the information society.

Intellectual property is an intangible resource, the result of human creative

activity reproduced in an information product. Information product is

documented information that is intended to meet the needs of users, use

in the information society. It can be bought, sold or transferred for use. As

with a tangible product, it can be subject to illegal acts such as theft, misuse,

etc. Information products are objects of copyright.

Most often, the following are distributed through the world network:

literary works, musical works, audiovisual works, computer programs,

works of art, photographs. Information product is a driving factor in the

eld of information technology (IT), which contributes to the expansion of

the IT industry, because its sale, service and support creates a new type of

human activity – IP marketing and related functions.

In general, there are two views regarding copyright protection of

intellectual property objects on the Internet. According to the rst, the

global Internet network as a man-made phenomenon develops according

to the laws that apply in other areas of human life. And, therefore, it should

be regulated by the same laws. Such an opinion is held by those users who

believe in the principles of copyright.

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Peculiarities of protection of personal non-property intellectual rights on the internet

On the other side are those who support the principles of copyleft. The

latter argue that the Internet was conceived as a free environment, based on

the provisions of public access and openness of information, and therefore

cannot obey any laws, especially those that are unable to regulate it. Its

development should be self-regulated based on internal rules (Orlova and

Perevalova, 2014).

The widespread use of the Internet gives rise to signicant legal

problems concerning, in particular, such important issues as: information

security; rights and freedoms in the eld of information; access to

information, information resources, information products and obtaining

information services; electronic commerce (trade); taxation of commercial

activities on the Internet; concluding contracts electronically; use of

computer software; use of domain names; illegal behavior of users in the

network (cybersquatting, typesquatting, hacking); protection of intellectual

property rights (copyright and related rights, patent rights, rights to means

of individualization, etc.). The system of free distribution of software with

subsequent paid maintenance and provision of various information services

is gaining more and more importance.

Protection of rights to intellectual property objects on the Internet by

traditional means is impossible, so there is an objective need to create a new

institutional environment in this area. Emphasizing the fact that property

generally loses any meaning in the information society (knowledge society),

researchers claim that, unlike traditional society, in which law was the

guarantee of protection, in the information economy moral norms play the

main role.

Proponents of this approach pay attention to changes in human

psychology, the system of motivations, preferences, norms of behavior

and emphasize the emergence of a new “informational” morality, in

which access to information acquires an ethical meaning. Therefore, each

individual is interested not only in one’s own knowledge, but also in access

to this knowledge by all members of society (Ketrar, 2012).

Attempts by the world community to adapt information technologies

to the protection of rights to intellectual property objects were reected

in DRM systems - digital rights management. These systems are aimed at

approving certain rules regarding the use of intellectual property objects

based on the denition of: subjects who are granted access to the works;

prices of intellectual property objects; conditions of access to works,

including granting users the right to copy and make changes to works,

determining the time during which they are granted the right to access

these works.

Thus, DRM systems are aimed at automating the process of licensing

works and ensuring clear compliance with license terms. DRM technical

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means ensure the protection of the rights of copyright holders in the digital

environment, contribute to curbing piracy of copyrighted objects, their

eective and adequate protection during distribution in the global network,

and the further development of international cooperation in the eld of

science, culture and art (Nekit, 2020).

The issue of safety, honesty and good faith in the possession and

management of information are highly important for the formation of

information relations. Inadmissible is the situation when the subjects of

relations manipulate the norms of the law, or, in some cases, their absence.

2. Peculiarities of the concept and types of intellectual property

rights on the Internet under the legislation of Ukraine

Objects of intellectual property rights are the results of intellectual,

creative activity, expressed in an objective form, that is, recorded on a certain

material medium (including electronic or digital) that meet the criteria of

protection established by legislation. To dene the category “intellectual

property object”, the legislator in Ukraine provides a non-exhaustive list of

objects, as well as a denition of individual objects, mainly by listing their

main features, criteria of protection.

The Civil Code of Ukraine mentions among the objects of intellectual

property rights, in particular: literary and artistic works; computer

programs; compilation of data (databases); phonograms, videograms,

broadcasts (programs) of broadcasting organizations; scientic discoveries;

inventions, utility models, industrial samples; layout (topography) of

integrated circuits; rationalizing proposals; varieties of plants, breeds of

animals; commercial (brand) names, trademarks (marks for goods and

services), geographical indications; commercial secrets (Verkhovna Rada

of Ukraine, 2003).

It is common to divide intellectual property objects into four categories

depending on the scope, purpose of creation and use, conditions of legal

protection: objects of copyright and related rights; objects of industrial

property law (patent law); means of individualization of participants in

civil circulation, goods, works and services; non-traditional objects of

intellectual property law.

the Internet. In the clarications of the International Bureau of WIPO, the

concept of “copyright” is dened as follows: it is the exclusive right granted

by law to the author of a work to declare himself the creator of this work,

reproduce it, distribute it or make it known to the public by any means,

as well as to allow others individuals to use the work in a specied way

(Butnik-Siverskyi, 2008).

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Peculiarities of protection of personal non-property intellectual rights on the internet

property (personal) and property rights of the author, granted by law,

to declare one an author of a work, to publish the work, reproduce and

distribute or use it in any other ways and means, and give permission to

others to use the work in certain ways.

The denition of the concept of “copyright” is not xed in the legislation

of Ukraine. In Art. 433 of the Civil Code of Ukraine and Art. 6 of the Law “On

include: literary and artistic works, including digital (novels, poems, articles,

and other written works; lectures, speeches, sermons, and other oral works;

dramatic, musically – dramatic works, pantomimes, choreographic works,

other stage works; other groups of objects); computer programs; compilation

of data (databases), if they are the result of intellectual activity by selection

or arrangement of their component parts; other works (Verkhovna Rada of

Ukraine, 2022). That is, the objects of copyright are quite diverse, and with

the development of culture and society, new objects will appear. Thus, with

the development of the global Internet, such objects as computer programs

and data compilations appeared.

Article 434 of the Civil Code of Ukraine and Article 8 of the Law “On

concept of copyright, these are:

1. reports on news or other facts of the nature of ordinary press

information;

2. expression of folk creativity (folklore);

3. acts of state authorities, local self-government bodies, ocial

documents of a political, legislative, administrative and judicial

nature (laws, decrees, resolutions, decisions, state standards, etc.),

as well as their drafts and ocial translations;

4. state symbols, state awards; state signs, emblems, symbols and signs

of state authorities, the Armed Forces of Ukraine and other military

formations of Ukraine, approved by state authorities; symbols of

territorial communities of Ukraine, approved by relevant local self-

government bodies;

5. money signs;

6. timetables of vehicles, schedules of television and radio programs,

telephone directories and other similar databases that do not meet

the criteria of originality and are covered by the right of a special

kind (sui generis);

7. abbreviations;

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8. photographs that do not have signs of originality (are not

photographic works) (Verkhovna Rada of Ukraine, 2022).

In addition to the fact that copyright objects are in constant development,

they need high-quality protection. This issue became especially relevant

after the development and spread of the global Internet. The global system

has become an integral part of the development of society and the world.

In fact, with the use of the Internet, various kinds of relationships emerge.

But in addition to the creation of new relationships, the implementation of

a number of other relationships and all other useful directions, the Internet

has become a space for violation of the rights of individuals and copyright

in the rst place.

As noted by scholars, data lling the global Internet, that is, content,

are objects of copyright. But in order to gain access to this computer

network, it is necessary to use various software, which, in turn, is also an

object of copyright. According to specialists’ estimates, the total amount

of information on the Internet is more than 500 billion gigabytes, and this

indicator is constantly growing (Rippa, 2011).

As already mentioned, copyright in Ukraine is regulated by the Civil

Code of Ukraine and the Law of Ukraine “On Copyright and Related Rights”.

According to the recent amendments, placing a work in digital form on

the Internet is considered a publication or distribution of the work and

therefore requires the permission of the copyright owner. Placing a copy

of a work or its part on the Internet without the permission of the author

is a violation of the Law and may be challenged in court with a demand for

compensation for moral damage and material damages.

Legal relationships on the Internet are very diverse, so there are various

rights that can be violated, in particular:

- copyright of providers on computer programs and databases that

implement access to the Internet itself or hosting websites on their

technical platforms (servers);

- copyrights of software manufacturers for these providers’ servers;

- copyrights of website owners on the actual content of the website, its

software part and other objects of copyright placed on it - articles,

images, music, databases, etc.

- copyrights of specic owners of rights to objects posted on websites:

computer programs, music, articles, images, databases, etc., which

are actively used (Abdulina, 2014).

Thus, copyright is one of the main types of intellectual property on the

Internet for at least two reasons:

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Ekaterina Spasova, Olha Kulinich, Svitlana Mazurenko, Andrii Ivanytskyi y Olesia Izbash

Peculiarities of protection of personal non-property intellectual rights on the internet

- rstly, most of the materials that are transmitted using the network

are works in the legal sense, and therefore, copyright applies to them;

- secondly, since the very nature of electronic communications involves

multiple copying of data in the process of their transmission through

communication channels, naturally, the question of compliance with

such copying of copyright arises (Denysova, 2013).

3. Legal issues in the eld of copyright

protection on the Internet

In the eld of copyright protection on the Internet the following legal

issues caused by the development of information technologies can be

notied:

1) absence of specic legal provisions to regulate this sphere of

relations; legal uncertainty of many key concepts or their insucient

development.

2) the cross-border nature of the use of copyright objects via the

Internet. Open access to the object of intellectual property right on

the Internet makes it possible to use it virtually all over the world,

therefore there are cases when the objects of copyright are used by

the Internet user in the territory where the relevant legal norms do

not apply.

3) after placing an object on the Internet, a problem arises regarding

the possibility of tracking by whom and how this object of copyright

or related rights will be used. This is primarily due to the fact that

access to the corresponding object of exclusive rights is opened

simultaneously for an extremely wide range of persons, reaching

millions of Internet users.

4) a large and constantly increasing number of copyright violations,

since lack of eective copyright protection mechanisms.

According to some scholars, the legislator should increase the level

of penalties for violations in the specied area depending on the level of

public danger. The government must take active actions to prove to society

that it will not condone copyright violations in the eld of information

technologies and with their help.

The facts of illegal distribution of works on the Internet, their public

notication in public places, trade establishments, catering, etc., have also

become widespread (Melnikov, 2003).

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Oenses related to the use of copyright objects are becoming more and

more widespread on the Internet.

The most common types of copyright violations on the Internet are:

plagiarism - publishing completely or partially someone else’s work under

the name of a person who is not the author of such a work on the Internet;

forging, changing or removing information, in particular in electronic

form, about rights management without the permission of the subjects

of copyright and (or) related rights or the person who carries out such

management.

A separate group of violations on the Internet consists of piracy in the

eld of copyright, in particular, Internet piracy - copying and distribution of

copies of musical compositions; distribution of copies of lms or television

programs via computer networks; illegal distribution of author’s works.

One of the main problems in the ght against piracy is its support by

the network society through: the creation of political movements that ght

for the free exchange of information on the Internet, protests in defense of

sites that were closed for posting unlicensed content, attacks hackers to the

websites of state bodies of various countries (Grigoryants, 2015).

Among the most famous cyberattacks, which disabled the sites of the

FBI, the White House, the Department of Justice, the Universal Music

Group, the Recording Industry Association of America, the Motion Picture

Association of America, and the American Copyright Oce, was the

Anonymous DDoS attack.

A popular way of distributing content (both legal and illegal) on the

Internet is using the p2r protocol. The problem of solving the issue with the

activity of torrent sites is that they do not contain the copyright object itself,

but only have links to the persons who own it, and such persons, in turn, are

not necessarily within the same countries and can be anywhere.

Of course, there are other ways of sharing les, uploading them to the

Internet using various systems, programs, and it is impossible to control

these processes regarding the number of copyright violations, as well as to

nd out who exactly uploaded the le to the Internet (the right holder or

another person) due to the anonymity of Internet users (Kulinich, 2016).

Talking about measures to protect copyright on the Internet from piracy,

it is necessary to introduce nes for the distributors of pirated content,

as this way the violators will be punished more quickly than enduring a

criminal trial. Other experts believe that in order to protect copyright objects

from piracy, it is necessary to have legal and at the same time accessible

content, since the main reason for copyright infringement is the high cost

of the content from a nancial point of view and from the point of view of

its inaccessibility in search.

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Peculiarities of protection of personal non-property intellectual rights on the internet

Only then can we talk about driving pirates out of the market. The

experience of foreign countries shows the eectiveness of the ght against

piracy. For example, in France, the principle of “three warnings” applies:

the rst warning is sent to the user of Internet services by e-mail, the second

is considered an ocial notication of a violation, as a result of the third

warning, a special agency has the right to deprive the violator of access to

the Internet (Galyantych, 2011).

Unlike piracy, where someone else’s work is distributed without the

permission of the author, but without concealing his name, in plagiarism

someone else’s authorship is assigned, and in this way both the property

and personal non-property rights of the author are violated. Among all, the

nature of electronic libraries as an online resource that hosts literary works

that can be viewed by any Internet user remains controversial.

On the one hand, such libraries save time searching for the work of

even a little-known author, and their maintenance is cheaper, compared

to a regular library. However, readers of such libraries do not buy books,

authors risk losing prot from the sale of copies of works, and it is

impossible to check whether the reader saves the book on a technical device

for educational or personal purposes (Kovalenko, 2018).

Of course, if the main condition for the use of material in the electronic

library is registration and payment of funds for access to the work, and the

author of such a work is aware of the placement of his work in the electronic

library system, and later receives prot from the online sale of copies, then

there is no violation of copyright.

Somewhat similar in nature are web depositories, a kind of archives of

date of publication, its coordinates and the options that can be exercised

with this work, which are determined by the author himself (whether it

is possible to reprint his work, translate, is it mandatory to indicate his

authorship for a specic work).

There is a large amount of illegal distribution of copyright objects

on the Internet, and the type of violation is of great importance for the

protection of author’s rights in pre-trial or judicial proceedings, as well as

for determining the sanctions that should be applied to violators. One of

the types of illegal distribution of copyright objects is their publishing on

the Internet by a violator and their use (listening, reading, recording on

media, etc.) by a recipient. Another case is when the recipient must pay to

the person who posted something.

However, if the copyright holder has given permission for such posting,

and the author receives funds from payment for copying, downloading,

viewing, there will be no violation of copyright. In another case, if there was

no such permission, then all the grounds for applying civil liability to the

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oender are fully available. There are other cases where ISPs reward people

who place copyright objects on the Web for expanding the network’s archive,

and payment is made for the distribution of each unit of information that

comes from its archive. Therefore, users do not pay anything to the owner of

such an archive, except for the payment for Internet services of the provider

(Ennan and Mazurenko, 2021).

The actions of the owner of copyright, aimed at the protection of a created

object, should be planned in advance, in order to prevent a possible violation

of copyright on the Internet. The copyright protection measures proposed

by scholars dier among themselves only taking into account the features

of the Internet and the means by which copyright infringement occurs.

However, the majority of scholars point out that, regardless of the chosen

method of copyright protection, even at the stage of creating one’s own

object, the author must follow at least one fairly simple recommendation:

to not publish the created object until the copyright registration, because in

case of violation of such a right, the process of its restoration will be more

dicult and time-consuming (Kalitenko et al., 2021).

The order of copyright protection, among others, should include: the

about the object of the right and the directions of its application; creation

of own specialized services; involvement in the protection of the rights of

specialists; close cooperation with retailers and distributors of media of

intellectual goods; active use of the capabilities of law enforcement agencies

and the judicial procedure for the protection of rights by ling lawsuits

against violators of intellectual property rights (Ulianova, 2008).

Of course, the proper protection of copyright is provided by a perfect

legal framework and a system of state bodies whose task is the protection of

human rights. However, in the era of technological development, it is worth

noting that eective prerequisites for copyright protection on the Internet

are the availability of a wide range of techniques at the author’s disposal,

which, together with others, act as preventive measures for the protection

of copyrights, and their proper application will avoid court proceedings.

Among technical means of copyright protection on the Internet, we can

name: the ISBN identication code, which is intended for the protection of

phonograms; ISAN is a number used to protect lms and other audiovisual

works; DOI is a digital identier that accompanies works or their parts,

thus allowing to trace the “fate” of the object in trade circulation, etc. For

example, with the help of a digital signature, the real author of a particular

work is identied, this in turn promotes trust relations between the author

and his counterparty, since the latter is sure of who he is dealing with

(Asongu, 2021).

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Peculiarities of protection of personal non-property intellectual rights on the internet

The most well-known and appropriate way to designate a person as the

of publication, but the absence of this mark does not mean the absence of

with signs and arises from the very fact of the creation of the work. The

copyleft sign (an expanded copyright symbol) has a slightly dierent legal

meaning.

By copylefting, the author does not require permission to use his original

work when creating a derivative. Copyleft is a type of free public license,

but its legal regulation is not yet developed in Ukrainian legislation. Thus,

the Ministry of Economy of Ukraine determined that free public licenses

are a publicly available contract of aliation, which provides a person

who has joined such a contract free of charge permission to use the object

of copyright and (or) related rights in certain ways under the conditions

specied by the license.

Other technical methods of copyright protection include the use of

a system of “digital watermarks”, which the user does not see with the

usual visual examination of the image and text, but in case of copyright

infringement, with the help of special software, it is possible to prove that the

le contains information about the author. Authors can also use so-called

special “ngerprints”, which indicate the author and the determination of

which will be sucient evidence in court in case of copyright infringement.

Also, as a means of protection, authors can use: passwords, the entry of

which will be the only condition for the user’s access to the copyright object;

provision of a limited volume of the work, the purpose of such placement

is to get acquainted with the work for further use, but after payment (most

book applications, for example, Google Play books, work according to this

principle); providing a time limit for using the work (for example, after the

tenth viewing of the le, it will not be possible to view it); also by giving

authors, for works posted on the Internet, the authority to license their

rights to clearinghouses, and users, in turn, pay a fee for issuing such a

license to the clearinghouse, which distributes the received funds among

Among the drawbacks of the Internet, which makes it dicult to resolve

a conict related to the violation of copyright on the Internet not only during

defense in court, but also in a claim procedure, the diculty of proving the

committed oense and its xation is mentioned, because it can be quickly

deleted. And after it was deleted it is almost impossible for the author to

prove the fact of an oense, since there could be several sites on the same

server.

Among the measures that conrm the illegal publishing of copyright

object on a web page are: contacting companies that record information

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posted on Internet pages that has been deleted or recorded using the

Internet Archive, Way back Machine service, or contacting an expert on the

research of telecommunication systems, as well as before applying to the

court, to contact the oender in order to stop the copyright infringement

and record this application.

In view of the above, it is worth noting that proper protection of

on the part of government bodies, but also Internet users, providers, the

authors themselves and all other persons who daily get acquainted with

any amount of information. A sucient system of copyright protection can

be noted if there is proper public awareness of the need for such measures,

clarication of the value of copyrights, since the observance of the rights of

other persons has not only a legal basis, but also a moral and ethical one in

the rst place.

The creation of progressive, special legal norms for the regulation of

Internet relations, proper legal awareness, culture of citizens, awareness by

authors of the consequences of indierent treatment of their own copyright

objects, and therefore the application of preventive measures to avoid

possible violations of their own copyrights, will contribute to the prevention

of copyright infringement on the Internet.

Based on the global nature of the Internet, pursuing the goal of protecting

human rights and freedoms and the further development of the global

information space, the following methods of solving existing problems in

the eld of copyright protection on the Internet seem to be appropriate:

1) use of a digital signature. The essence of a digital signature is that

it allows to identify the real author of a particular work, thereby

removing any doubts from the counterparty about who he is dealing

with;

2) use of digital stamps. The most common is the system of so-called

“digital watermarks”, embedded into objects (texts, graphic images,

etc.) published on the Internet. Their advantage lies in the fact that

during a normal visual examination of the image, the user does not see

name, the year of publication. But then, using a certain software

tool, you can prove that the les contain additional information that

points to the person who recorded them;

3) limiting access to materials posted on the Internet. For example,

databases of commercial sites and some electronic libraries and

archives are available only for an upfront fee;

4) methods of cryptographic transformation of materials, such as

encryption, the use of which allows to limit or completely eliminate

the possibility of copying works;

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Peculiarities of protection of personal non-property intellectual rights on the internet

5) creation of web depositories that allow recording intellectual property

objects on the Internet and securing their legal status;

6) limited functionality: under this approach, the copyright owner

provides the user with a copy of the work that has functional

limitations. This approach is one of the ways to implement such

business models as “try before you buy” and “sell improved versions”;

7) “time bomb”: under this approach, the copyright owner distributes

a functionally complete intellectual property object, but sets a date

after which access to it will not be possible. One option for this

approach involves the seller closing access to the work after a certain

number of uses (for example, after viewing a computer le 10 times,

it will be impossible to view it again);

8) contracts are one of the most eective and, unfortunately,

underestimated means to prevent infringement of author’s rights.

When properly drafted, contracts can give copyright holders greater

powers to control the use of their works than is available to them

under the law;

9) clearing centers: under this approach, owners of copyright and

related rights in works posted on the Internet grant clearinghouses

the authority to license their rights. The user pays a license fee to

such a clearinghouse, which in turn distributes the received funds

among copyright owners.

The above methods of preventing violations in the sphere of protection

of intellectual property rights on the Internet are promising, and some have

already proven their eectiveness (Kovalenko, 2018).

Conclusions

In connection with the increase in the number of oenses on the Internet,

where any person at any time has the opportunity to obtain information,

it is very dicult to trace the occurrence of an oense and identify the

person who committed it. Nowadays, the rapid development of technical

mechanisms and IT-technologies gradually make it possible to ensure

access and transfer of intellectual property objects and to complement

the legal protection provided by law and contracts with eective technical

protection.

The specied problems regarding legal regulation and protection of

personal non-property intellectual property rights on the Internet require

further development, in particular in the legislation of Ukraine. In our

opinion, some basic concepts in the eld of protection of personal non-

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property intellectual property rights on the Internet are still not clearly

dened by the current legislation, which signicantly complicates the regime

of their legal protection and negatively aects the formation of contractual

relations in the eld of copyright implementation on the Internet.

It is advisable to introduce clearer and stricter rules regarding the use of

intellectual property objects on the Internet and to establish strict means of

punishment in case of violation of the rights to use them in order to ensure

the protection of personal non-property rights. It is also necessary to create

and implement limits on the use of intellectual property objects on the

Internet, which were made without obtaining the consent of a person, but

within the limits of existing legislation.

Taking into account the rapid development of new technologies and the

constant increase in the level of opportunities for commercial and non-

commercial activities of private and public persons on the Internet, it would

be appropriate to create special committees, which would deal with the

development appropriate software and the formation of a mechanism for

the protection of intellectual property rights on the Internet, in particular

in social networks.

It is also necessary to constantly improve existing security systems and

create new ones, since new types of oenses, illegal schemes and cases of

cybercrime periodically appear in the network, which require appropriate

countermeasures in their practical implementation.

We would like to note that it is extremely important to be ready to

quickly respond and eliminate the consequences of violations in the eld of

intellectual property on the Internet, as well as to constantly develop new

mechanisms to prevent their recurrence in order to protect the personal

non-property rights of intellectual property.

In general, controlling copyright infringement on the Internet today

is quite complicated. That is why, in modern conditions, it is most

appropriate for authors to take care of the protection of their legal rights

in advance, using various technical means of protection that allow creating

technological obstacles to the violation of copyright or related rights.

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Esta revista fue editada en formato digital y publicada

en julio de 2023, por el Fondo Editorial Serbiluz,

Universidad del Zulia. Maracaibo-Venezuela

Vol.41 Nº 78