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June 1, 20260 citationsOpen Access

Contractual and Non-Contractual Basis of Copyright Dispute Resolution: Differences, Procedural Features and Ways to Improve

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AAAzizbek Alijon ugli Abdunabiyev

Key Points

  • This article aims to compare copyright disputes based on contractual and non-contractual legal frameworks.
  • Conducted a comparative legal analysis of copyright disputes in Uzbekistan and international contexts.
  • Reviewed relevant legal documents including the Civil Code and the Law 'On Copyright and Related Rights'.
  • Identified systemic deficiencies and proposed solutions regarding copyright dispute resolution.
  • Identified three systemic deficiencies in current legislation affecting copyright disputes.
  • Developed scientifically grounded proposals to enhance the legal framework for dispute resolution.
  • Examined the procedural features and implications of mediation in copyright disputes.

Abstract

This article provides a comparative legal analysis of copyright disputes from two primary legal foundations - contractual and non-contractual (tort) relations. The study is grounded in the Civil Code of Uzbekistan, the Law “On Copyright and Related Rights,” the Law “On Mediation,” the 2023 Plenary Resolution of the Supreme Court, and relevant international instruments. Academic literature available in the TSUL (Tashkent State University of Law) Library is incorporated into the analysis. The article examines the origins, legal nature, burden of proof, liability forms, the role of mediation, procedural distinctions, and the US Digital Millennium Copyright Act (DMCA) model comparatively. Three systemic deficiencies in current legislation are identified, and scientifically grounded proposals are developed.

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Cite This Study

Azizbek Alijon ugli Abdunabiyev (2026) studied this question.

synapsesocial.com/papers/6a1d236002fbce9130638fcbhttps://doi.org/10.5281/zenodo.20457700
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  1. 1COPYRIGHT INFRINGEMENT IN THE DIGITAL AGE: THE CASE FOR REFORM TO KAZAKHSTAN’S COPYRIGHT LAWS2024 · 1 citations
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  3. 3Mechanisms for resolving online copyright disputes: a comparative analysis of EU and common law systems in search of an optimal model2026
  4. 4MEDIATION AS AN ALTERNATIVE TO RESOLVING ELECTRONIC BOOK COPYRIGHT DISPUTES FROM THE PERSPECTIVE OF USEFULNESS2024
  5. 5The effectiveness of alternative methods of commercial dispute resolution: a comparative analysis of arbitration and mediation2024