Art of the work as an object of copyright

Abstract

The issue of interpretation of the art of works is one of the main theoretical and applied problems of copyright, because without a clear understanding of this category at the level of research consciousness, it is hardly possible to talk about a comprehensive study of relevant objects. Therefore, the purpose of the article is to analyze the art of the work and its criteria, as well as to clarify the role of the studied category to provide legal protection for the work. Despite the large number of works devoted to the study of various aspects of the work, it should be noted that in the legal literature has not formed a single comprehensive understanding of the category of art of the work and its characteristics.
 The optimal methodological basis for the study is a set of philosophical and ideological approaches to the study of the category of art, general and special legal methods. Thus, the methods of analysis, synthesis, deduction, induction, structural-functional, terminological, hermeneutic-legal and formal-legal methods are used.
 The article examines the content and essence of the concept of the work of art as an object of copyright. Emphasis is placed on the importance of researching this concept not only in the light of art, cultural and philosophical fields of knowledge, but also in terms of copyright and protection of its objects. The author conducted a thorough analysis of the category of art of the work; оn the basis of norms of the legislation in the article the basic kinds of works of art are allocated. The criteria of art of works are studied and analyzed. The article examines the substantive and formal components of the work, as well as their role in addressing the issue of providing the relevant objects of legal protection.
 It is established that the substantive criteria of the work of art are humanistic ideology and truthfulness, the depth of reflection of the phenomenon of reality, while formal are recognized systemic, organic, optimal organization, completeness of the theme, and harmony. However, it was found that art is a fundamental category and quality of work, but can not be decisive in solving the issue of legal protection.