On the Issue of the Free Use of Works Located in a Public Place
( Pp. 73-81)
More about authors
Ekaterina A. Sviridova
Cand. Sci. (Law), Associate Professor, Associate Professor of the Department of legal regulation of economic activity
Financial University under the Government of the Russian Federation
Moscow, Russian Federation
Financial University under the Government of the Russian Federation
Moscow, Russian Federation
Abstract:
The article examines the criteria for the permissibility of the free use of works of art and architecture located in places open to the public, from the point of view of maintaining a balance between the interests of society and the copyright holder. The subject of the study is a comparative analysis of the limits of fair use of a work posted in a public place in Russian legislation and the law of France, the USA and Japan. It is concluded that in Anglo-Saxon law, the court establishes a balance of interests, determining the admissibility of the priority of private interest over the author's right. The French legal system puts the interests of the author before the public interest, and any exceptions to the author's monopoly right are legally limited. Japanese law allocates ownership of the original work of art, limiting the limits of the owner's control over the tangible object. When determining the permissible application of criteria for the free use of individual parts of a landscape garden.
How to Cite:
Sviridova E. A. On the Issue of the Free Use of Works Located in a Public Place // ECONOMIC PROBLEMS AND LEGAL PRACTICE. 2024. Vol. 20. № 6. P. 73-81. (in Russ.) DOI: 10.33693/2541-8025-2024-20-6-73-81. EDN: GWHMWE
Reference list:
Jaszi Peter. Annexe A : l’usage loyal de nos jours. Code de bonnes pratiques d’usage loyal pour les arts visuels. 2015. [Electronic resource] URL: http://www.collegeart.org/programs/caa-fair-use (date of application: 06.11.2024).
Kawase Toki. Is It Permissible to Take Photos of Other People's Property and Publish Them Without Permission? 2023. [Electronic resource] URL: 'Is It Permissible to Take Photos of Other People's Property and Publish Them Without Permission?' | MONOLITH LAW OFFICE | Tokyo, Japan (date of application: 05.11.2024).
Bogdanov E.V. The social importance of intellectual property in Russia // Jurist. 2020. № 3. Р. 2–9.
Voinikanis Е.А. Public interests and their role in legal regulation // Politics and Society. 2015. № 4. Р. 563–567.
Gavrilov E.P. Intellectual property rights: New provisions introduced into Chapter 70 of the Civil Code of RF, by the Federal Law of March 12, 2014, № 35-FZ // Economy and Law. 2014. № 9. Р. 86–98.
Kalyatin V.O. Determination of the limits of the author’s prohibition on the publication of his work // Zakon. 2024. № 6. P. 151–163.
Kawase Toki. Is It Permissible to Take Photos of Other People's Property and Publish Them Without Permission? 2023. [Electronic resource] URL: 'Is It Permissible to Take Photos of Other People's Property and Publish Them Without Permission?' | MONOLITH LAW OFFICE | Tokyo, Japan (date of application: 05.11.2024).
Bogdanov E.V. The social importance of intellectual property in Russia // Jurist. 2020. № 3. Р. 2–9.
Voinikanis Е.А. Public interests and their role in legal regulation // Politics and Society. 2015. № 4. Р. 563–567.
Gavrilov E.P. Intellectual property rights: New provisions introduced into Chapter 70 of the Civil Code of RF, by the Federal Law of March 12, 2014, № 35-FZ // Economy and Law. 2014. № 9. Р. 86–98.
Kalyatin V.O. Determination of the limits of the author’s prohibition on the publication of his work // Zakon. 2024. № 6. P. 151–163.
Keywords:
the place is open for free visiting, free reproduction, free distribution, photographic work, work of architecture, work of fine art..
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