Abstract
The Fourth Industrial Revolution affected all spheres of life, as well as the museum sector. The prevalence of public relations on the creation of 3D models of museum items is combined with the fragmentation and inconsistency of their legal regulation. The study of the civil law regime of 3D models of museum items requires determining the place of the object in the system of civil rights; the list of persons empowered to create such an object and the scope of their rights; the means of protecting the rights to such an object. The analysis of current Russian legislation and law enforcement practice has revealed inconsistencies between the provisions of the institute of intellectual property and the norms regulating relations involving museums and cultural institutions. It is proved that the law enforcement position on the priority of "museum law" over copyright law has insufficient normative and theoretical basis. The author suggests ways to achieve a balance of interests of society, copyright holders and museums in this area.
Highlights
The Fourth Industrial Revolution affected all spheres of life, as well as the museum sector
Even if a 3D model of a museum item, which embodies a work that has passed into the public domain, is not recognized as an object of copyright, it will be subject to "museum law" and participants of civil circulation will need to obtain the consent of the museum directorates for its use
In order to resolve the above issues, it seems necessary to establish a presumption of the lack of a creativity of a 3D model of a museum item, which embodies works that have passed into the public domain
Summary
The Fourth Industrial Revolution affected all spheres of life, as well as the museum sector. Even if a 3D model of a museum item, which embodies a work that has passed into the public domain, is not recognized as an object of copyright, it will be subject to "museum law" and participants of civil circulation will need to obtain the consent of the museum directorates for its use. We establish that these norms apply only to those objects that were created on the initiative of the museum itself or are the result from the first publication
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