Legal regulation of advertising activities: copyright protection

Abstract

The article is devoted to the analysis of regulatory regulation of advertising activities in the field of copyright protection. At the present stage of development, the advertising industry is actively introducing digital innovations related to both the creation of an advertising appeal and its placement. More and more advertising activities are moving into the digital space, which opens up several opportunities, but at the same time complicates the issue of ensuring fair competition. The article analyzes the conditions for providing advertising and advertising slogans of legal protection as an object of copyright. Legal regulation of advertising activities in the field of copyright protection is carried out on the basis of domestic legislation, as well as international treaties and agreements in the field of copyright protection. The article analyzes the current Ukrainian legislation and international practice on the legal protection of copyright in advertising activities. It should be noted that the legislative practice of different countries to provide legal protection of copyright in advertising activities has fundamental differences. Domestic legislation recognizes advertising as an object of copyright provided that at least two requirements are met: advertising or its individual elements are the original (copyright) result of creative activity; advertising must be expressed in an objective form, it can be a written form, an image form, audio or video. The article also defines the conditions for using other people's works in advertising activities and considers the consequences of non-compliance with these conditions, in particular, the language on administrative and criminal liability. The most common problems associated with the protection of copyright in advertising activities are the following: the use of other people's works (without the author's proper permission for such use); Transfer of rights to the advertising product to the customer; registration of relations between the company that will create an advertising product and its own employees. Domestic legislation determines that the object of copyright protection in advertising is the very essence of the message, and not its form. The most difficult issue regarding the protection of copyright in advertising is the slogan. In recent years, slogans for SEO have been increasingly created, which contain the keyword by which the site is positioned. To be able to register as an object of copyright, the slogan should not be generally used and descriptive, should be an indication of commercial origin, and not just encourage the purchase of goods (services). Analysis of domestic judicial practice indicates three ways to protect the advertising slogan: as an object of copyright, as a trademark, or in accordance with the legislation on the protection of economic competition. In case of copyright infringement, the author has the right to demand in court compensation for material damage, compensation for damage to his business reputation and prohibition of further illegal use of his work.