Peculiarities of Author’s Rights Protection to Original Works of Art: Historical and Legal Aspect

Abstract

The authors investigate the legal regulation of copyright protection in all possible arts: architecture, sculpture, graphics, design,painting, etc. The authors focus on the emergence of copyright in works in new art genres in the digital age, in particular: 3-D digitalmodels; engraving; engraving; pop-up publications and others. Peculiarities of free use of works and creation of derivative works indifferent kinds of art are determined.Each art form needs its own approach to regulating the author’s rights to the work. Architectural objects include both constructionprojects and drawings, as well as the buildings themselves, garden and park formations.The architectural design and the building are protected separately from each other. Therefore, there is no possibility to protect thearchitect’s rights to permit or prohibit the implementation of the project in the building and preserve the copyright to the architecturalpart of the building value, because in this case the idea (construction project) and building – various forms of works’ expression. However,construction projects are not subject to patent law, can not be patented as an invention, utility model, and do not belong to indust -rial designs. The building as a whole is not the subject of copyright, as copyright protects only the shape of the building, not engineeringsolutions, which in themselves, separately from the building, can be patented as inventions or utility models.Plagiarism of sculptures, especially sculptures of famous people and characters, is difficult to prove. In addition, there is the questionof the need to obtain permission from living famous people to create such sculptures for their commercial use. There is a questionof recognizing or not recognizing the 3-D sculpture as the original object of copyright.Works of fine art can be divided into: architecture, painting, graphics, sculpture, decorative and applied arts, photography anddesign. Works created with the help of a print as a unique type of graphic technique are considered original, as well as film photographs,when each developed photo will be original. Each copy of a book created using the pop-up technique is also considered original.The plots of films are difficult to defend in the context of copyright, because, in fact, they are a concept or idea that is easy tochange. The legislation does not clearly define that such a modification will be considered a derivative of the original work. The legislationdoes not contain clear criteria for defining plagiarism in works of art. Also, the legislation does not regulate co-authorship withmore or less complicity.