Separate aspects of image rights using in holograms: world experience and problems of Ukrainian legal regulation

Abstract

The goals of the study are due to the need to analyze the shortcomings of the Ukrainian legislation on image rights and to consolidate this not only at the national doctrinal level, but also in the normative acts as a basis for celebrities to conclude contracts and protect their rights in commercial relations.

Today, there is a tendency to form relationships about the use of celebrity image, but there is no legal mechanism in place to settle disputes to protect their image rights, or to profit from their legitimate use. Analyzing the experience of lawmaking in the countries of the Anglo-American legal family, it should be noted that the success of protecting their image rights is to create a stable contractual mechanism and the ability to challenge the use of another's image. An important aspect is the use of celebrity image in holograms.

Given the needs of technocratic society and the development of information technology, it is appropriate to develop scientific provisions and study the concept of image rights, as a basis for the formation of a new legislation that can regulate the relationship of use of the image of the individual.

Methods used in this work: historical, comparative, classification, generalization and abstraction. Each of these logical and philosophical methods has been used in the study to understand and qualitatively explain to the general public the concept of "image rights".

This article reveals the concept of "image rights" and its components. The study revealed the most popular area of use of image rights - the hologram. Possibilities for elaboration of legislative regulation of legal deficiencies on protection and restoration of image rights have been opened and analyzed. Responses are given to the specifics of the possibility of inheriting and transferring image rights to third parties.