Merchandise-Activity as an Object of Civil Law and the Doctrine of Fair Use

Abstract

The article discusses the legal aspects of the phenomenon of fan activity and related issues of protection of intellectual rights. The features of such an object of civil law as merchandise-activity of fans of certain audiovisual or literary works are analyzed. Special attention is paid to the aesthetic theory of J. Dewey about the value of creativity in the context of social communications: repetition and copying can be key components of the learning, creativity and innovation process. According to the results of the study, there is a conclusion about the relevance of the doctrine of conscientious use, according to which the free dissemination of the results of intellectual activity during merchandise-activity, if it contributes to the development of arts and cultural progress.