Copyright and Advertising Activities: Problems of Legal Regulation and Judicial Practice

Abstract

Relevance. The development of modern information and telecommunication technologies and means of communication leads to a constant increase in the volume of advertising and its importance for the promotion of goods, works and services. At the same time, the creation of advertising in a significant part of cases is associated with the use of photographic, musical, literary works, works of fine art and other objects of copyright and related rights. The peculiarities related to the use of works and objects of related rights in advertising activities are not fully taken into account by the current legislation, which leads in practice to a number of negative consequences, in particular, to the recovery of disproportionate compensation in some cases and to the possibility of circumventing the established legal requirements in others.The purpose of the study is to develop theoretical provisions defining the peculiarities of the use of works in the implementation of advertising activities, characterizing the essence of legal relations arising in this case.Objectives: to identify the problems associated with the use of copyright objects in the implementation of advertising activities; to determine the peculiarities of legal relations formed in the process of implementation of advertising activities with the use of copyright objects; to determine the directions of further development of legal regulation of the issues under consideration.Methodology. The author used dialectical-materialistic method, methods of analysis and synthesis, formal-legal method in writing the work.The results of the research have theoretical and applied nature and are aimed at improving the quality of legal regulation of civil legal relations.The conclusions made in the article are of a debatable nature, aimed at developing approaches that allow to uniformly resolve problems related to compliance with the requirements of intellectual property law in the creation, placement and other distribution of advertising. The article is a continuation of the author's scientific research on issues related to copyright protection, intellectual property rights and legal regulation of advertising activities.