Legal fiction in copyright

Abstract

The need to study the possibilities of development of legal thought in copyright is caused by the fact that imposed on the legislator since the 90s, and more actively since the 2000s, the illusion that all relations of intellectual property in general are related to trade, is not true, and regulatory approval would lead to the destruction of significant and truly human traditional institutions of the Russian system of law such as copyright. No one can argue that it is one of a kind that allows a person to get acquainted with his inner content, and hence his potentials in the scale of participation in the social order. Drawing attention to the fact that intangible benefits creative works of science, literature, art require appropriate legal protection, which, first of all, is based on respect for the personality of its author, the article refers to the fact that the material objective forms of expression of these results of human creative activity are carefully protected by national rules of law, which establish the need for gentle treatment, constant monitoring, updating, repair of cultural objects: paintings, sculptures, architectural monuments, etc. The article attempts to draw the legislators attention to the protection of creative results, which is built, at least, in two plans: at the level of protection of cultural values, carried out on the basis of generally recognized principles of international law, such as: the non-use of force and threat of force, respect for sovereignty, non-interference in internal affairs; and at the level of institutions that ensure the replenishment of the material and spiritual Fund of the Russian Federation, the main of which is copyright. And with this view of improving the norms of legislation, the state needs personnel who are rich in potential, able to actively act in their creative force aimed at creating and asserting the enduring (constant) values of humanity. The direction of improvement of legal norms on copyright is the purification of the normative body from pseudo-legal fictions that do not create consequences that favorably affect the development of creative potential of people. It is possible to think in this case when looking for ways to improve the legal technique of copyright law on the content of the concepts of creative life and personality of the author.