Phenomenon of creative activity in copyright

Abstract

Copyright pro­tects works as the results of intellectual creative activity, expressed in any objective form. The term «intellectual» is used to differentiate mental and physical labor, cre­ativity and crafts. However, the intellectual component is inherent in many spheres of human life and the presence of only this component is not sufficient in copyright law. To provide a certain object of legal protection, it should be the result of not only intellectual but also creative activity.Creativity is the phenomenon of human intellectual activity which combines the subconscious and conscious. At the subconscious level, the creative process is carried out; there is an appearance of the image. The role of the consciousness is to give cer­tain specificity to this image and to make a decision on how it can be implemented in an appropriate form. Conscious comprehension of all that arose in the subconscious is necessary in order for a person, using some tools, to express their intention in an ob­jective manner. With the use of consciousness images acquire development, complete­ness, embodied in the work.Creative activity is characterised by two traits, originality and novelty. Originality means authenticity, identity, when the work does not reproduce other works but is the result of the author’s own creative work. Originality in copyright law is individu­ality: the work is an original of itself, and not a copy of any other work. If originality correlates with the results of creative activity of other people, then the novelty correlates with the person of the author themself. New in creativity is not copying previ­ously created work but the creation of something new which previously did not exist among the achievements of this author.There are three types of creativity in copyright law: artistic, scientific and technical. The artwork is aimed at creating artistic images that can be expressed in a text (literary works of artistic nature), a static image (fine arts, photography), a moving image (audiovisual work), a dance-plastic composition (choreographic work), and others like that. Unlike artistic creativity, the scientist does not invent, does not dream but explores, looks for links between objects, patterns, justifications, explanations, put forward hypotheses, finds problems, offers ways to solve them. Scientific creativity is quite rightly regarded as a social phenomenon because it is aimed at knowledge, on the development of existing knowledge or the formation of new ones. Technical creativity belong the field of innovation, scientific and technological progress and has a direct connection with scientific dis­coveries, inventions, industrial designs, useful models. However, the results of technical creativity are also copyrighted works the form of expression of which contains a manda­tory technical component (computer programs, electronic databases, etc.).For copyright, it does not matter whether it is possible to identify which fields (science, literature, art) and the result of which creativity (artistic, scientific, technical) is the object. Sufficient reason to provide of copyright protection is that this object arose as a result of creative activity.