General personal non-property rights of the author in the mechanism of legal protection of the work
Authors: Cherevko P.P. 
Published: December 2022

In this article, the author discloses the legal nature and content of the author’s personal non-property rights. An important conclusion is made that all personal non-property rights of the author can be divided into general and special. The general personal non-property rights of the author are inherent to the authors of any works, while the special personal non-property rights of the author are characteristic only of the authors of certain works. The scientific article examines the legal nature and content of the general personal non-property rights of the author of works, which include the right of authorship, the right to the author’s name, and the right to inviolability of the work. The author does not support the position expressed in science regarding the attribution of the right to publish a work (the release of a work to the world) to the personal non-propertyrights of the author, since both according to the position of the legislator and by its very nature this right is property.

General personal non-property rights of the author are defined. The right of authorship is a legally guaranteed possibility of a person to be considered the author of a work and the possibility of recognition of this fact by other persons. The right to anauthor’s name is a legally guaranteed opportunity for the author of a work to use or prohibit the use of his work under his own name (autonym), under a fictitious name (pseudonym) or without specifying a name (anonymous). The right to the inviolabilityof a work is a legally guaranteed possibility to prohibit making changes to the content of the work, its name, which may violate the integrity of the work, lead to its distortion or distortion in any use of the work without the consent of the author.The rights that protect the connection between the author’s personality and his work are personal non-property rights of the author. These rights have no monetary value, they are inherent in the fact of authorship and are absolute. The system of personal non-property rights of the author includes the right of authorship, the right to the author’s name and the right to inviolability of the work. The specified rights are general, as they belong to the author of any work. The current legislation of Ukraine allocates other personal non-property rights of the author, but they are characteristic of authors of works of fifine art, works of architecture, and therefore have a special character. The value of the author’s personal non-property rights is extremely high, as they are of a legal nature and contribute to the protection of the author’s honor and reputation. Legislation in the field of personal non-property rights of the author to works must be agreed among themselves (regarding the possibility of transferring personal non-property rights to other persons, which is provided for by the Central Committee of Ukraine and prohibited by the Law of Ukraine “On Copyright and Related Rights”) and developed in the direction of securing for authors other general personal rights non-property rights to works (the right to secretize a work, the right to withdraw a work, etc.), which can act as independent objects of scientific research. Securing these rights will expand the protection of the author’sinterests in preserving his creative identity. The author’s provisions are illustrated by examples from judicial practice and legal positions of the Supreme Court.