Keywords
the concept of «minimum amount of creation»
image
character
technique
How to Cite
Abstract
An overview of the peculiarities of the study of the features of copyright objects, which are protected by US certificates and which have broad legal protection, was carried out, the concept of the «minimal amount of creation» was considered, which was widely spread in the legal literature and judicial practice of the USA. The article substantiates that in the comparative study of the features of copyright objects (works of fine art, sculpture, drawing, etc.), which are protected by certificates issued by the US Copyright Office, it is necessary to take into account the meaning of such terms as character and image, since in most cases the contrasted object is not an exact copy and does not contain an exact reproduction of all the features of the copyright object. The author points out the need to create methodical recommendations, methodology, as a generalization of the established modern practice of studying the signs of the use of copyright objects (works of fine art, sculpture, drawing), which have broader legal protection, taking into account the concept of «minimum element of creativity».
References
Intellectual Property: Dictionary-Reference Book (2000) / Overall. Ed. A. D. Sviatotsky. In 2 vols. Vol. 1. Copyright and related rights. Ed. A. D. Sviatotsky, V. S. Drobyazko. Compiled by V. S. Drobyazko, R. V. Drobyazko. Kyiv : In Jure Publishing House. 365 p. (in Ukraine).
On Copyright and Related Rights: Law of Ukraine dated 01.12.2022 No. 2811-IX. URL: https://zakon.rada.gov.ua/laws/show/2811-20#n855 (access date: 15.01.2024) [in Ukrainian].
Civil Code of Ukraine dated 16.01.2003 No. 435-IV. URL: https://zakon.rada.gov.ua/laws/show/435-15#Text (access date: 15.01.2024) [in Ukrainian].
Dictionary. URL: http://slovnyk.net/?swrd=%EE%F0%E8%E3%B3%ED%E0%EB%FC%ED%E8%E9 (access date: 15.01.2024) [in Ukrainian].
The concept of the sign of the result of creative activity as an object of legal protection. URL: https://konstantinus.com/notes/ponyattya-oznaki-rezultatu-tvorchoyi-di/ (access date: 15.01.2024) [in Ukrainian].
Shtefan, O. (2007). Some aspects of protection of rights to works of fine and applied art. Theory and Practice of Intellectual Property. No. 2. Pp. 27—31 [in Ukrainian].
Compendium of US Copyright Office Practices. Glossary. URL: https://copyright.gov/comp3/docs/glossary.pdf (access date: 15.01.2024).
Compendium of US Copyright Office Practices. Chapter 900: VISUAL ART WORKS. URL: https://www.copyright.gov/comp3/chap900/ch900-visual-art.pdf (access date: 15.01.2024).
Methods of research of signs of use and reproduction of characters of animated works and works of fine art (registration code 13.1.1.04, registered 14.02.2020). URL: https://rmpse.minjust.gov.ua/ (access date: 15.01.2024) [in Ukrainian].
Dictionary in electronic form. URL: http://www.ukrlit.vn.ua/ (access date: 15.01.2024) [in Ukrainian].
Bently, L. Sherman, B. (2001). Intellectual Property Law.