DIGITAL AND ANALOGUE COPYRIGHT LAW: ARE THE PRINCIPLES DIFFERENT?

Author(s): Matvyev A.G.

Rubric: Relevant issues of private law

DOI: 10.21777/2587-9472-2022-3-31-37

Release: 2022-3 (34)

Pages: 31-37

Keywords: copyright law, digital technologies, exclusive right, author’s moral rights, principles of law, author, work

Annotation: Copyright law is based on certain principles (fundamental ideas). The issue on the relevance of the principles of analogue copyright law in the digital age is debatable. The purpose of this article is to identify and conceptualize the principles of copyright law in the analogue and digital eras. The author of the article analyzes five such principles: the principle of protection of a works form; the principle of automatic copyright protection; the principle “the author is a individual who created the work”; the principle of recognition of the inalienable moral rights of the author; the principle of a closed list of cases of free use of a work. It was concluded that these principles are the same for digital and analogue copyright. At the same time, specific transformations are gradually brewing within each of the principles in the digital age. For example, the principle of automatic copyright protection seems irrelevant and ineffective today. The study used general scientific, formal-logical methods of cognition.

Bibliography: Matvyev A.G. DIGITAL AND ANALOGUE COPYRIGHT LAW: ARE THE PRINCIPLES DIFFERENT? // Journal of Legal Sciences. – 2022. – № 3 (34). – С. 31-37. doi: 10.21777/2587-9472-2022-3-31-37