Issues of legal qualification of the radio broadcasting organization program as an object of related rights

The article analyzes legal provisions on copyright, related rights, and media regulation concerning radio broadcasting programs. It establishes that the formation of a broadcasting program lacks creative character and results from the broadcaster’s organizational and technical activities. Therefore, Ukrainian legislation correctly classifies it as a subjectof related rights rather than copyright. However, the updated legislation contains several shortcomings that complicate the legal qualification of broadcasters' related rights.The term ’’program of a broadcasting organization’’ fails to reflect that individuals without organizational status can also act as broadcasters. Given recent changes in media regulation, the term «organization» should be removed from legislative terminology in this context. A program created and transmitted by a broadcaster should be referred to simply as a ’’broadcasting program’’, without reference to an organization.Furthermore, the legal definition of a broadcasting organization's program unjustifiably disregards the «program concept» of a broadcaster, which, according to the Law of Ukraine ’’On Media’’, serves as the fundamental basis for forming broadcasting content. The program concept is crucial for broadcasters' activities, and its violation constitutes non-compliancewith legal requirements or license terms for audiovisual media. Therefore, legal provisions should emphasize adherence to the program concept when forming a broadcasting program.Additionally, the classification of audio content within radio broadcasting programs in the Law of Ukraine ’’On Media’’ requires clarification. Regarding musical works, the law fails to consider that radio broadcasters can transmit only phonograms containing musical performances.The term «audio work» is inaccurate, as it refers to a mode of perception rather than a distinct category of works. Moreover, the law does not specify the types of content typically included in radio broadcasting programs. These inconsistencies should be addressed to eliminate legal ambiguities and align regulations with broadcasting practices.