THE PROBLEM OF ESTABLISHING THE PROPERTIES OF UNPROTECTED IDEAS IN THE CONTEXT OF CULTURAL DEVELOPMENT

Abstract

Abstract: the article discusses the problem of establishing the properties of ideas that are not protected by copyright. This problem has not received proper coverage in the civilist doctrine. The task is to determine the properties of the unprotected idea, as well as the properties that indicate the transformation of the idea in the work. It is established that ideas that are not protected by copyright are immaterial objects that have the property of abstraction and are general concepts. From the state of a unprotected object, the idea becomes a work in the course of the author's creativity, as a result of which the idea acquires a new property-specificity. This property is considered in the context of dividing creativity into two types. Attention is drawn to the property of concreteness in connection with existing trends in culture, especially in terms of the development of art and the widespread dissemination of mass culture. It is concluded that the property of specificity is determined not only by the implementation of ideas in the work, but also in other ways. It is revealed that the current civil legislation leaves the interests of creators of ideas without protection from unfair behavior. Taking into account foreign experience, it is concluded that it is necessary to develop ways to protect ideas from unfair behavior.