EXHAUSTION OF COPYRIGHT AND RELATED RIGHTS: SOME CONDITIONS FOR APPLICATION IN UKRAINE, EU AND USA PRACTICE

The article examines the theoretical and practical problems of legal regulation of the exhaustion of exclusive property rights to objects of copyright and related rights under the legislation of Ukraine. Approaches to legislative enshrinement and application in law enforcement practice in developed foreign countries (in particular, EU countries) are also highlighted. The work examines the conditions and criteria for applying the principle of exhaustion of exclusive copyright and related rights, in particular in the digital environment. It is noted that the exhaustion of rights may only apply to the rights to physical medium of a protected object, that is, only to the circulation of copies of a legally published work, copies of a recorded performance, copies of phonograms and videograms. It is noted that an important element of the exhaustion of rights' characteristics is the introduction of the material carrier of the work or related rights' object into civil circulation by alienating it, that is, by transferring the right of ownership, and at the same time such alienation must be lawful, that is, carried out either by the right holder himself, or by a third party with the consent of the right holder. The article indicates that in accordance with Ukrainian legislation, as well as EU Directives and US legislation, the exhaustion of rights does not occur if access to objects of copyright and related rights is provided without the use of material carrier (for example, by broadcast or cable transmission, as well as for direct perception — display, performance). Also, exclusive rights are not exhausted when providing «on-line» services and other methods of interactively providing access to works and objects of related rights. It is substantiated that despite certain differences in the wording of the norms on the exhaustion of rights and the relative novelty of this phenomenon for the domestic legal system, in general, at the present time, the norms of the legislation of Ukraine on the exhaustion of copyright and related rights correspond to the approach and standards inherent in the legislation of developed countries in this area.