The Right of Performers and Phonogram Producers to Equitable Remuneration

The article examines the features of a payment of the remuneration, which is called «equitable», «fair» or «fair compensation», for the use of phonograms and performances recorded in them. It is noted that the right to equitable remuneration is not new, it is known under international and European law. The author analyses the reasons for the introduction of the right to equitable remuneration for performers and phonogram producers in international, European and national legislation. The article is based on the legal analysis of the norms of the Law of Ukraine «On Copyright and Related Rights» and other laws relating to the payment of equitable remuneration. Based on the legal analysis of international, European and national legislation, the author describes the difference between the terms of «the remuneration» and «the equitable remuneration». The author proves that these terms are not identical. International, European and Ukrainian legislation does not define the term of «equitable remuneration», although it is widely used. In this regard, the author analyses the main features inherent in this term and formulates the author's definition of the term «equitable remuneration». The article examines the norms in the Law, which provide for the right to equitable remuneration for: 1) use of performances and phonograms created by employees (performers, phonogram producers) under an employment contract; 2) public performance; broadcasting of a phonogram and performance recorded in a phonogram, published for commercial purposes; 3) private copying of a phonogram and performance recorded in a phonogram; 4) rental of the copies. The author proves that there are the inconsistencies in the Law and other the shortcomings that need to be eliminated for the effective implementation of the provisions in a practice. The author proposes amendments and additions to the Law of Ukraine «On Copyright and Related Rights» and other laws. Аmendments and additions to the legislation will provide legal certainty to the norms, which will facilitate their effective implementation in the context of receiving equitable remuneration by performers and phonogram producers and its payment by users. Keywords: intellectual property, copyright, related rights, equitable remuneration, performers, phonogram producers.