Pakhomov V.N. —
Problems of using smart contracts in the framework of copyright protection of intellectual property results
// Legal Studies. – 2025. – ¹ 3.
– P. 45 - 58.
DOI: 10.25136/2409-7136.2025.3.72635
URL: https://en.e-notabene.ru/lr/article_72635.html
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Abstract: The subject of the study is the main theoretical approaches to understanding the nature and functional role of smart contracts developed in the Russian civil doctrine. The object of the study is public relations in the field of using smart contracts as a means of regulating the turnover of copyright objects. The author raises the actual problem of using smart contracts in the field of copyright protection. The relevance of the issue is due to the widespread technological innovations in the field of intellectual property turnover, which requires the state to develop new solutions in the field of legal policy. The use of smart contracts is a promising technological solution that can ensure the effectiveness of protecting the interests of copyright subjects. Special attention is paid to certain aspects of the operation of smart contracts (their modification, termination) within the framework of the turnover of rights to copyright objects. The research methodology involves the use of structural and functional analysis tools, a method of interpreting legal ideas and a systematic approach, on the basis of which the article attempts to identify the functional significance of smart contracts as a technological and legal phenomenon in the sphere of turnover of copyright objects. The use of smart contracts is an innovative approach that contributes to the improvement of document management in Russian copyright law. The main conclusions of the author are the statement of the limited nature of the use of smart contracts in the framework of copyright protection of the results of intellectual activity. The author's contribution to the disclosure of the research topic is determined by the identification of differences between smart contracts and classical means of regulating contractual relations. Based on the conducted research, the author suggests ways to improve the legislative policy of the state, related to the lack of an orderly system of civil law norms governing relations in the field of smart contracts as tools for ensuring the registration of copyright objects and the fulfillment of private law obligations. The author substantiates the need to develop the provisions of civil legislation in terms of expanding legal structures capable of ensuring the fulfillment of agreements reached between the parties to a private law relationship.
Pakhomov V.N. —
Expanding the practice of using blockchain technology as part of registration procedures for the protection of copyright objects
// Legal Studies. – 2025. – ¹ 1.
– P. 49 - 60.
DOI: 10.25136/2409-7136.2025.1.71538
URL: https://en.e-notabene.ru/lr/article_71538.html
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Abstract: The subject of the article is the legal forms of using blockchain technology in the framework of registration procedures for the protection of copyright objects. The objects of copyright reveal a creative nature, that is, a combination of signs of originality and uniqueness, which actualizes the search for the most effective mechanisms that would allow combining the possibility of public registration of creative works with their inviolability (immutability). Blockchain technology, which provides a high level of security for information placed within a decentralized data system, allows for the openness and inviolability of information about copyright objects. The article also raises the problem of using blockchain technology to register copyright objects created by joint efforts of humans and artificial intelligence. As a result, a law-making solution is proposed to the issue of distinguishing the results of artificial intelligence and human work when registering created works in public registers of information. Based on the use of a systematic approach and formal legal analysis, the article examines the current aspects of the use of public registers of copyright objects as a form of their registration, facilitating the process of proving facts related to the creation of creative works. The introduction of blockchain technology can significantly change approaches to the legal protection of copyright objects. The creation of a public registry based on this technology will ensure a higher level of transparency and accessibility of information about works, which, in turn, will greatly facilitate the process of proving authorship and rights to use works. However, in order to realize these opportunities, it is necessary to develop appropriate legal mechanisms that take into account the specifics of technologies. The integration of blockchain technologies into the field of copyright can help create a more flexible and adaptive legal environment that will take into account the needs of authors and ensure reliable protection of their creative works in the context of digitalization. As a direction for the development of legislation on the registration of copyrighted works in public registers of information created on the basis of blockchain technology, which are the result of joint human creativity and artificial intelligence technologies, it is proposed to grant the copyright holder of these objects of intellectual property rights the right to indicate his name or title on copies or components of such a work.