CAMCORDING AND CARDSHARING AS TYPES OF COPYRIGHT AND RIGHTS VIOLATIONS

The article examines the current problem of copyright and related rights violations in Ukraine. A review of the substantive essence of the innovations related to camcording and cardsharing in the Law of Ukraine “On State Support of Cinematography in Ukraine” dated March 23, 2017 No. 1977-VIII was carried out. The above-mentioned concepts in the Law of Ukraine “On Copyright and Related Rights” dated December 1, 2022 No. 2811-IX were analyzed. The definition of piracy in the field of copyright is given. The difference between the concepts of “camcording” and “cardsharing”, which are also illegal behavior during copyright infringement, is clarified. It has been proven that the definition of piracy has become even more imperfect than it was in the previous edition of clause b) part 1 of Article 50 of the Law of Ukraine “On Copyright and Related Rights” dated December 1, 2022 No. 2811-IX. It was found that in the previous edition, piracy was defined as publication, reproduction, import into the customs territory of Ukraine, export from the customs territory of Ukraine, and distribution of counterfeit copies of works (including computer programs and databases), phonograms, videograms, and broadcast programs. From now on, publication, reproduction, import into the customs territory of Ukraine, export from the customs territory of Ukraine and distribution of counterfeit copies of works, including computer programs and databases, phonograms, videograms, as well as illegal publication of programs of broadcast organizations, camcording, cardsharing and Internet piracy, i. e. committing any actions via the Internet that will be considered a violation of copyright and/or related rights in accordance with this article. It was concluded that the terminological inaccuracy and the attempt to cover diverse and even mutually exclusive phenomena with one concept can hardly serve as a basis for ensuring a truly effective protection of copyright and related rights.