The concept and essence of a cinematographic work as an object of legal protection in copyright law
Why this work is in the frame
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Bibliographic record
Abstract
In this article, the author reveals the legal nature and essence of a cinematographic work as an object of copyright. It is noted that the current legislation of Ukraine does not have a legislative definition of a cinematographic work, but the Law of Ukraine "On Copyright and Related Rights" proposes a definition of an audiovisual work, which cannot be equated with a cinematographic work. It should be noted that many important international legal documents in the field of copyright protection operate with the concept of cinematographic works and give its definition (Bern Convention for the Protection of Literary and Artistic Works, European Convention on Joint Cinematographic Production, etc.). A number of foreign countries also have a statutory definition of cinematographic works (Canada, France, etc.). On the basis of definitions of cinematographic works existing in the doctrine of intellectual property law, their copyright characteristics and the current legislation of Ukraine, it is proposed to distinguish general and special features of cinematographic works. The former are manifested in all works, including cinematographic works, and the latter objectively reveal the essence of cinematographic works. In particular, the author proposes to include the following: 1) the cinematographic work is presented in the form of frames; 2) frames are consecutive; 3) the frames are combined with a creative idea; 4) the work is available for perception using technical means; 5) the sequence of frames forms a moving image. The relationship between these features is illustrated, where some follow from others. The structure of the cinematographic work is analyzed, where its protected and unprotected elements are distinguished. It is concluded that a cinematographic work can be classified as a complex work among the objects of copyright, and therefore, for the proper exploitation of a cinematographic work, it is necessary that its producers observe non-property and property rights to those objects of intellectual property law that were used during the creation movie.
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Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.001 |
| Science and technology studies | 0.000 | 0.001 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it