TECHNICAL AND REGULATORY ASPECTS PROTECTION OF INTELLECTUAL PROPERTY IN THE AUDIO-VISUAL MARKET

Abstract

The article underscores the significance of a robust legal framework capable of adapting to the unique challenges posed by the digital age. Despite some progress, substantial gaps and inconsistencies persist in the legal landscape, hindering the effective defense of intellectual property rights in the audio-visual sector. This domain is paramount as the industry contributes significantly to Ukraine’s economy, creating employment opportunities and generating substantial revenue. The study delves into the intricacies of protecting multimedia data, focusing on digital watermarking technology, which embeds hidden information within audio and video files. The relevance of such technology is highlighted by the prevalence of piracy and unauthorized distribution that threaten the financial stability of content creators and distributors. The article explores the intersection of law and technology, emphasizing the need for a comprehensive approach to preserve the rights of authors and producers in the digital era. The legal dimension of the issue is outlined, highlighting the rights of authors and producers under Ukrainian copyright law. The exclusive rights to reproduce, distribute, and communicate audio-visual works to the public are emphasized, as well as the personal non-property rights, such as the right to be recognized as the author and the right to protect the work from distortion. Protecting intellectual property rights involves several key stages and stakeholders, encompassing civil, administrative, and criminal legal measures. The article presents a technical analysis of digital signal processing, specifically the discretization and quantization of analogue signals to produce digital ones. This is essential for understanding the mechanisms of digital watermarking, which rely on the subtle alteration of the digital signal to incorporate hidden data. A notable steganographic technique discussed is the use of reverberation. This phenomenon is a natural byproduct of sound waves reflecting off enclosed surfaces, creating an echo effect. The article suggests modulating the time delay between the original signal and the reverberation to encode data. However, the authors concede that this approach is susceptible to deliberate attempts to suppress reverberation, such as noise reduction algorithms, which can inadvertently erase the embedded watermark. Another method explored is the Gaussian model, which, while theoretically promising for embedding and extracting one bit of information, faces practical limitations due to the complexity of real-world audio signals. The article acknowledges the challenges inherent in creating a universally applicable solution for digital watermarking and the necessity of continual research to improve the resilience of these methods against intentional attacks and unauthorized alterations. In conclusion, the article underscores the critical nature of protecting intellectual property in the audio-visual market, emphasizing the interplay between legal frameworks and technological advancements. It calls for a multidisciplinary approach to tackle the evolving challenges of digital piracy and ensure a thriving and innovative industry that can attract foreign investment and contribute positively to Ukraine’s international reputation.