14 July, 2020 Company news

Children as subjects of copyright

Children can also have copyrights to their works, poems, photos, sculptures, computer programs, etc., but with some nuances. Let's take a closer look.

So, the subjects of copyright are persons who own the copyright to the work. That is, the primary subject of copyright is the author of the work, as well as other individuals and legal entities that have acquired the rights to the works in accordance with the contract or law.

At the same time, the author of the work can be any individual regardless of age, citizenship, legal capacity. That is, juvenile minors, legally incompetent, partially capable persons can also be authors of works.

Juveniles are individuals who have not reached the age of 14, they have partial civil legal capacity. However, the copyright for them is exercised by their parents or guardians, on behalf of minors, they enter into copyright agreements protecting their rights in cases of violations, etc. The party to the agreement is a young author represented by a legal representative.

Minor children between the ages of 14 and 18 have incomplete civil legal capacity. They independently exercise the rights to the results of intellectual activity. They have the right to receive remuneration for the use of their works and to dispose of this award.

For legally incapable persons, copyright is exercised by guardians as legal representatives of such a person. Individuals whose legal capacity is limited due to a mental disorder, abuse of alcohol, drugs, etc., may exercise copyright with the consent of the trustees.

The copyrights of foreign citizens or stateless persons are protected and secured by Ukrainian law in the following cases:

1. if they permanently reside in the territory of Ukraine, regardless of the territory in which their works were first published;

2. if their works were first published on the territory of Ukraine or not published, but which are in an objective form on the territory of Ukraine;

3. if their work was first published in another country and within 30 days after that was published on the territory of Ukraine (Article 3 of the Law of Ukraine "On Copyright and Related Rights").