Moral rights of an author under copyright law of Germany and France and their impact on copyright of Ukraine

This article is devoted to moral rights of author under in copyright of France and Germany and their impact on copyright of Ukraine. This article attempts to define the legal understanding of the place of the Ukrainian copyright model related to monistic or dualistic models that were formed primarily under the German and French legal doctrine, respectively. The new Ukrainian Law on Copyright and Related Rights introduced certain approaches to the understanding of the main moral rights of author in 2022. It is assumed that recently added new moral rights stress on strengthening of author rights in the Ukrainian copyright model. The article analyses the following moral rights under French, German, and Ukrainian law: the right of attribution, the right to disclosure of a work, the right to revoke a work, and the right to integrity of a work. The article addresses certain issues related to the terms of protection, disposal of rights, and the exercise of moral rights. In particular, the issue of premature waiver of moral rights, as well as their exercise through a representative. Despite the provision of the right to disclosure of work in Ukrainian copyright law, its place among the rights is not defined, so this right still cannot be unequivocally called a personal moral right, although legislative attempts have been made. Although this approach has not yet been implemented in the legislation, recent amendments have brought terminological differences between the special law «On copyright and related rights», Civil Code of Ukraine and EU-Ukraine Association Agreement into line, which will certainly have a positive impact on further law enforcement. The conclusion that moral rights are inalienable and inseparable under the laws of many countries is confirmed. The article also provides an assessment of the new moral rights in Ukrainian copyright: the right to name a work and the right to dedicate it. It is concluded that the Ukrainian system of copyright is dualistic and in partially similar to French legal regulation. Due to strong moral rights protection, Ukrainian copyright is focused on the author.