Some aspects of copyright protection of an original work of art

Abstract

The article deals with theoretical and practical problems of the intellectual property protection of original works of art.
 The specifics of copyright of works of art in national law are explored, particularly the law of Ukraine “On copyright and related rights” of 1993 and some norms of the Civil Code of Ukraine. For the purposes of the study, such international treaties and documents as Directive 2001/84/EC of 2001 on the resale right for the benefit of the author of an original work of art, some provisions of Association Agreement between the European Union and Ukraine, norms of Berne Convention for the Protection of Literary and Artistic Works of 1886 were examined and analyzed.
 It is found out that basic economic rights of norms of original works of art authors are the exclusive right to use a work, particularly its components such as reproduction of works, public demonstration and public display of works, distribution of originals of works and their specimens by the first sale and the exclusive right of authorizing any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them. It has been determined that the exclusive right of original works of art authors to use is mostly violated in Ukraine.
 The right to have access to a work of fine art is examined separately. It has been determined that the right to have access is a moral right that shouldn’t be transferred.
 Particular attention is paid to the resale right of the author of an original work of art. The author identifies some contradictions about the resale rights objects between the law of Ukraine “On copyright and related rights” and of the Civil Code of Ukraine. It is claimed that Ukrainian resale right legislation needs significant changes. It is claimed that Ukrainian resale right legislation needs significant changes. 
 On the basis of analysis of scientific literature, legal acts, court’s decision author developed and substantiated some conclusions, which are new and have theoretical and practical significance.