Copyright in the functioning of libraries and archives

The article is devoted to the legal analysis of the features of copyright in the functioning of libraries and archives in Ukraine. It is noted that in the legal framework, the functioning of libraries and archives is closely related to copyright, in particular, in the context of using works stored in the collections of libraries and archives. It is established that the main mechanism required to maintain a balance between the needs of society and the interests of copyright holders is the application of restrictions and exceptions to copyright in the functioning of libraries and archives. The author analyzes the provisions of the Law of Ukraine «On Copyright and Related Rights» No. 2811-IX dated December 1, 2022, and concludes that this law introduces significant changes to the legal regulation of copyright in the functioning of libraries and archives. The author concludes that the Law of Ukraine «On Copyright and Related Rights» includes in the non-exhaustive list of works that may be reprographically reproduced. It is noted that the Law of Ukraine «On Copyright and Related Rights» has expanded the range of entities that can freely use works in their activities. These institutions include libraries, museums with open access to visitors, archives, and organizations for the storage of audio and video recordings. The author concludes that the Law of Ukraine «On Copyright and Related Rights» No. 2811-IX dated December 1, 2022, for the first time legislated the definition of an orphan work and established the basis for legal regulation of orphan works in Ukraine. The analysis of Ukrainian legislation and EU directives regulating copyright issues in the functioning of libraries and archives shows that that the provisions of the Law of Ukraine «On Copyright and Related Rights» are in line with the provisions of Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC and Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works.