ON THE ISSUE OF DETERMINING THE FEATURES OF ADVERTISING AS AN OBJECT OF COPYRIGHT

Abstract

Today, advertising occupies an important place in the life of modern society. The peculiarity of this object of civil law is that it can be considered both as a service and as an object of intellectual property law, in particular as an object of copyright (work). In this article we will try to characterize advertising from the standpoint of copyright. Advertising itself is an object of intellectual property, and may also contain several separate works or other objects. According to the Law of Ukraine «On Copyright and Related Rights», all works classified by the Law as objects of copyright are subject to protection, whether published or not, whether completed or incomplete, regardless of their purpose, genre, volume, purpose (education, information, advertising, propaganda, entertainment, etc.). In turn, the Law of Ukraine «On Advertising» defines advertising as disseminated information, i.e. brought to an unlimited circle of persons. In many cases, it is necessary to consider advertising as a complex object, which includes several original copyright objects. Therefore, each individual part of the work (advertisement), if it can be used independently, is considered a work and protected in accordance with the Law «On Copyright and Related Rights». Therefore, when ordering an advertising product, it is necessary to pay increased attention to the materials used in the advertisement, whether it is graphic materials or a script, whether it is a photograph or text, a musical composition, etc. Thus, even if the produced advertisement is not delivered to the consumer for some reason, it can still be classified as an object of copyright and protected by current legislation. The question of the characteristics of advertising as an object of copyright is important. Today, the Law of Ukraine «On Copyright and Related Rights» establishes such characteristics as originality and form of the work. The article considers the question of the characteristics of works as objects of copyright.