Shykova L., Bazhenov V. Co-authorship problems on musical works.

Abstract

The article is dedicated to occurrence of a co-authorship on musical works. It’s emphasized that the main aspects of a co-authorship are existence of a creative contribution of two or more persons to work creation and the creative activity of each authors directed to creation of common joint work creation. The moments when there is no co-authorship on musical works are defined. The separate attention is paid to a question of occurrence of a coauthorship when one person orders to other person «turnkey music». It’s specified that in case of violation of joint copyright each coauthor can prove the right in a judicial proceeding. In article it’s provided that each of coauthors has the right to use the part of musical works created by him on own discretion if another isn’t provided by the agreement between coauthors. It’s specified what the contract of a co-authorship on musical works has to comprise. Judgments and decisions in the territory of Ukraine during 2011 – 2016 concerning violations of exclusive and personal non-property joint copyright of coauthors of musical works are analysed and it’s defined that the legislation of Ukraine on a co-authorship of works (including on musical) has more declaration character owing to what there are problems of regulation of legal relationship between coauthors. Existence of problems is caused by relevance of deeper understanding of occurrence of a co-authorship, research of contractual practice of use of the musical works created several authors and also the international experience of a co-authorship.