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Record W4381801259 · doi:10.24144/2788-6018.2023.02.25

The concept and essence of a cinematographic work as an object of legal protection in copyright law

2023· article· en· W4381801259 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueAnalytical and Comparative Jurisprudence · 2023
Typearticle
Languageen
FieldSocial Sciences
TopicEducation and Social Development in Ukraine
Canadian institutionsnot available
Fundersnot available
KeywordsLegislationObject (grammar)LawStatutory lawConventionWork (physics)DoctrineIntellectual propertyProperty (philosophy)SociologyPolitical scienceComputer scienceEngineeringEpistemologyPhilosophyArtificial intelligence

Abstract

fetched live from OpenAlex

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.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not 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.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.850
Threshold uncertainty score0.541

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.001
Science and technology studies0.0000.001
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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.

Opus teacher head0.058
GPT teacher head0.383
Teacher spread0.325 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it