M.  Kozlova

The impact of the "personal element" on the realization of exclusive rights to works

Authors

M. Kozlova

Keywords:

author, copyright, work, copyright holder, exclusive right, disposition of copyright.

Abstract

The author analyzes the problems associated with the correlation of the "personal element" as a special, inseparable connection that exists between the author and the work created by him, exclusively with the personal non-property rights granted to the author. The article substantiates the conclusion that the "personal element" should also be taken into account when considering the issues of property nature, if they are associated with the disposal of rights to works created by authors. It is noted that it is the presence of the "personal element" that allows to logically justify the need to take into account the opinion of the authors and their heirs in the implementation of exclusive rights, other property rights or rights arising from licensing agreements concluded with the authors.

The impact of the "personal element" on the realization of exclusive rights to works