THE COPYRIGHT PROTECTION IN THE CONSTRUCTION SPHERE

Abstract

Nowadays, all the results of the author’s intellectual and creative activity in the construction sphere require proper legal regulation that can eliminate unfair contractual practices, prevent the misuse of intellectual property. The author analyzes such forms of copyrightprotection in the construction sphere as self-defense («settlement out of court») and the protection of copyright within the limits of judicial jurisdiction and emphasizes on the fact that the self-defense of the copyright of an architect, a design organization is preceded by the discovery of the violation rights to a particular object, for example, to a project of the shopping center facade design. Thus, the right-holder or his representative has the right to address the offender the requirement to stop the commission of actions that violate his rights and eliminate the negative consequences of such violation and/or pay compensation. Such a settlement may be «finished» by concluding an agreement on the granting of a permit for the use of acopyright object or by paying compensation on voluntary basis. It has been argued that the most effective and most commonly used form of copyright protection is the appeal to the court with the demand to recover compensation for copyright infringement. This is due to the fact narrower subsubject proof. The plaintiff shall prove only the fact of infringement.