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Here's what Kateryna and Liubov write : New Ukrainian Law on Copyright and RelatedRights by Kateryna Militsyna and Liubov Maidanyk Last year, the Ukrainian copyright reform got on its fast track. In July the Ukrainian parliament approved one of the legislative proposals on copyright and relatedrights as a basis.
If we consider the technical definition of “beneficiaries” (any performer, national or habitual resident of a contracting party, whose performance is broadcast in another contracting state), the impact of the Treaty across the world is clear. Audiovisual globalisation. Key aspects of the Beijing treaty.
This aligns with (but is not similar to) the definition of "audiovisual fixation" and 'audiovisual work' in Article 2 of the Beijing Treaty a nd proposed section 1(1) of South Africa's Copyright Amendment Bill , respectively. See the definition of “beneficiary person” in section 26(7)(d).
Nevertheless, the Berne Convention does not explicitly state that only original photographic works can be protected, nor does it contain any precise statutory definition of “originality”. According to the German courts, to qualify as Lichtbildwerke photographs need to be characterised by individuality and a minimum level of creativity.
This first part covers the definition of a work, authorship and moralrights. Parts 2 to 4 will address exploitation rights, relatedrights, exceptions and limitations, copyright contract law and enforcement. Definition of a work (Sections 2-5 UrhG). Moralrights (Sections 12-14 UrhG).
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