PSYCHOLOGY, LAW AND REPUTATION: INTERNATIONAL ARBITRATION AS A FRAMEWORK FOR COPYRIGHT PROTECTION

Abstract

The article provides a comprehensive interdisciplinary analysis of international arbitration as an effective mechanism for copyright protection, taking into account legal, commercial and psychological factors. It is substantiated that in the context of digitalization and rapid technological development, the number of copyright violations is increasing, while the nature of related disputes is becoming more complex due to the combination of proprietary, moral and reputational interests of the author. It is proved that copyright infringement affects not only the economic interests of the right holder but also psychologically significant components of the author’s personality – identity, recognition of authorship and professional reputation. The psychological characteristics of creative individuals and their influence on the perception of unauthorized use of works are analyzed, including heightened sensitivity to misappropriation, lack of attribution, and distortion or unauthorized exploitation of creative results. It is established that in many cases moral claims – recognition of authorship, cessation of infringement, public correction or apology – may be as important as, or more important than, financial compensation, which directly affects the choice of dispute resolution mechanism. Special attention is paid to the commercialization and psychological specificity of copyright, as well as contractual relations between authors and right holders, which often generate disputes regarding the scope of use, distribution terms and remuneration. The paper demonstrates that parties are frequently interested in confidential, prompt and professionally specialized dispute resolution. The advantages of international arbitration in copyright disputes are substantiated, including procedural flexibility, party autonomy, the possibility to appoint arbitrators with specialized expertise, confidentiality, and enforceability of decisions. It is concluded that the arbitral procedure is best suited to the legal, commercial and psychological nature of copyright disputes