COMPENSATION FOR DAMAGES TO COPYRIGHT INFRINGEMENT

Abstract

Author's work is an original spiritual creation that can arise in different areas of human creativity. In order to receive copyright protection, it is necessary that the work is original and expressed in an appropriate form. Substantive copyright law as an absolute unique right combines morally legal and property legal powers that enable the protection of the author's personality and work. Any unauthorized use of subjective copyright represents it’s violation, which gives to the author the right to compensation. The author of the copyright is entitled to compensation for material and non-pecuniary damage. In order to justify the claim for damages, in addition to the damage (material or non-material), there is an unlawful act, the existence of liability of the pests, as well as the causal link between the pest action and the resulting damage. The development of technology and the widespread use of the Internet has facilitated the exchange of intellectual property, as well as the possibility of violating them. Therefore, it is necessary to harmonize the rules in this area with the relevant regulations concluded within the EU, WIPO and WHO.