FEATURES OF DATABASES AS OBJECTIVES OF COPYRIGHT

Abstract

To date, there are no uniform methodological approaches in Ukraine for conducting forensic examinations and expert research related to such copyright objects as databases (data compilation) and database management systems. This leads to the use of different approaches, methods and algorithms in state specialized expert institutions, which in some cases contradict each other, necessitates the appointment of repeated forensic examinations. According to Article 1 of the Law of Ukraine «On Copyright and Related Rights» database (compilation of data) – a collection of works, data or any other independent information in any form, including electronic, selection and location of its components and its ordering is the result of creative work, and the components of which are available individually and can be found using a special search engine based on electronic means (computer) or other means. The databases are protected by the provisions of the Berne Convention and Directive 96/9 / EC of the European Parliament and of the Council of the European Communities of 11 March 1996, the Law of Ukraine on Copyright and Related Rights and other legislative acts of Ukraine. At the same time, the issues of delimitation of the database itself, the database management system and individual elements of filling the databases remain controversial. It is also necessary to separate the property and personal non-property rights of the author to the database. In addition, the article briefly addresses the issue of a significant part of the database, ie the part whose use may directly indicate the fact of using the database. This article is a general overview aimed at forming a conceptual framework in the framework of research work on «Development of guidelines for research related to data compilation (databases) and database management systems (management).».