Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The Legal Nature of Creative Commons Licenses and the Features of Their Use in Ukraine

Author(s): Vitalii Makhinchuk, Alina Podolieva, Liudmyla Panova, Ernest Gramatskiy, Andrii Boichuk

Description: The purpose of this article is to study the legal nature of Creative Commons (CC) licenses and to explore the particularities of their use in Ukraine. The Subject of the Study: The subject is the examination of the legal nature of CC licenses and the features of their use in Ukraine. Methodology: Research methods are chosen based on the object, subject and purpose of the study. The study used general scientific and special methods of legal science. Thus, the analysis and synthesis method as well as the logical method are applied to form a holistic view of the legal nature of free public licenses, in particular CC licenses. The logical-semantic method was used to establish the meaning of the terms “free public license” and “adhesion agreement”. The normative and dogmatic method was used in the analysis of normative-legal acts of Ukraine, which regulate the issue under consideration, and the method of comparison – in the analysis of scientific views on this problem. The systematic analysis method allowed us to consider the types of CC licenses. The legal modeling method helped to formulate the main findings of the study. The Results of the Study: Based on a study of relevant legislation, it has been found that the problem of copyright infringement on the Internet is one of the most acute and pressing today. The application of contractual forms of use of works on the Internet is one way to protect the authors’ rights. Among them, the protection model called Creative Commons, which is a free public license, deserves special attention. Practical Implications: As a result of a study, the necessity of introducing CC licenses into the legal field of Ukraine was substantiated, which is currently hampered by national legislation. It was proposed to make the necessary changes to the relevant laws, which currently regulate this issue. Value/Originality: On the basis of the conducted research, the list of factors that are currently affecting the risk of using free licenses, including CC licenses, in Ukraine was formulated.