Compensation for moral damage caused by violation of the author's right

Аннотация

Nowadays, there are many cases of using works protected by copyright without obtaining the appropriate permission of the author or the owner of such rights. The most common types of copyright infringement include copying, distribution of the work, mass demonstration, mass execution of works in concert halls, theatrical productions, translation of the work into other languages, processing of the work (plagiarism), etc. As a result of committing such an illegal act, not only material damage, but also moral damage can be caused to the author of the work. In this article, the issue of compensation for moral damage caused by violation of the rights of the author has been studied. Keywords: copyright law, intellectual property, moral damage, material damage, mental calmness, anguish, feeling uncomfortable. With the development of modern information and communication technologies, the illegal users of literary works (literary-artistic, scientific, educational, publicist and other works), dramatic and scenario works, works of text and non-text music, musical-dramatic works, choreographic works and pantomime, audiovisual works, painting, sculpture, graphics, design works and other fine arts, works of landscape-applied and stage decoration art, architecture, urban planning and garden-park development works of art, photographic works and works created in similar ways to photography are often encountered. As a result of this, personal non- property and property rights of the author are violated. We can say that our main laws aimed at protecting copyright are the Civil Code of the Republic of Uzbekistan and the law of the Republic of Uzbekistan "On copyright and related rights", the Criminal Code of the Republic of Uzbekistan and other normative-legal acts. The result of the reforms carried out in this area was the signing of the law of the Republic of Uzbekistan "On the Accession of the Republic of Uzbekistan to the Treaty of the World Intellectual Property Organization on Copyright (Geneva, December 20, 1996)" on February 2, 2019. 189 Scientific research results in pandemic conditions (COVID-19) According to Article 65 of the Law of the Republic of Uzbekistan "On copyright and related rights", when the rights of the author are violated against law they can be protected by methods that require the recognition of rights, the restoration of the situation before the violation of the right and the cessation of actions that violate the right or cause the danger of its violation, the compensation of losses in the amount of income that could be received by the author in the conditions of ordinary civic relations, and compensation for moral damage. As can be seen from this article, the methods of protection of copyright also include the compensation for moral damage. In this case, the general provisions of Articles 11, 1021 - 1022 of the Civil Code are applied. According to Article 62 of the law of the Republic of Uzbekistan "On copyright and related rights", the following cases are included as the violation of copyright and related rights: - violation of the personal non-property rights of authors; - violation of the rights of the performer to the name and protection of the performer from violation of the performance in any way or from aggression in any other way; - duplication, distribution or otherwise use of works or objects of identical rights without the conclusion of an agreement with the right holder or the organization managing property rights on a collective basis, except in cases where such use, in accordance with this law, is permitted without the conclusion of a contract; - violation of payment requirements in cases provided for by this law; - the use of works or objects of similar rights in the case of increasing the rights received under the contract with the right holder or the organization managing property rights on a collective basis; - violation of the property rights of the owners in a different way. As a result of violation of these listed rights of the author, not only material damage, but also moral damage can be caused. The decision № 7 of the Supreme Court Plenum of the Republic of Uzbekistan "On some issues of the application of the laws on compensation for moral damage" dated April 28, 2000, gave an understanding of the moral and physical (discrimination, physical pain, harm, inconvenience and other) suffering experienced by the victim of moral damage as a result of the offending action (inaction) committed against them. Moral and physical suffering manifests itself in the form of physical pain, negative emotions, mental sensations of varying degrees, depriving a person of mental well-being, mental imbalance. The object of the action (inaction) is the personal non-property rights of the author (the right to use on their own behalf, the legal protection of the copyright and other non-property rights of the results of his activities 190 Scientific research results in pandemic conditions (COVID-19) acc