{"title":"Literary works legal protection in creative industries","authors":"O. Ulitina","doi":"10.33731/22022.259741","DOIUrl":null,"url":null,"abstract":"Keywords: Literary works, copyright, intellectual property law, creative industries,objects of copyright \nThe article is devoted to the issues of the literary works legal protection and its importance forthe creative industries development. As long as literary works are one of the mostcommon objects of copyright, they often serve as the basis for the creative industriesactivities. An important feature of literary works is that they can be both completelyseparate works and be part of other compiled works. This feature makes literaryworks important for the book publishing, film, computer game, advertising, marketingindustries and also for education and culture.In this context, the legal protection of literary works is of particular importance.International legal protection of literary works is carried out in accordance with anumber of international acts, including the Berne Convention for the Protection ofLiterary and Artistic Works, the Universal Copyright Convention of 1952, and someDirectives of the European Parliament and the Council. In Ukraine the provision oflegal protection to literary works is provided in accordance with the Law of Ukraine«On Copyright and Related Rights». \nThe author concludes that legal protection of literary works can occur in compliancewith two main requirements. The first — the work has to be fixed in a tangibleform and has to be expressed in words. The second — it has to be the author's own intellectualcreation, that is the work has to be new and original, and the author has tomake certain creative efforts to create it.The protection of literary works plays a significant role in the development of creativeindustries and is crucial for the organization of their work. Compliance with theIP law concerning the creation and use of literary works in the creative industries isthe basis for their economic growth, while violations of IP law and attempts to circumventthe legal mechanisms of the use of law reject the industry, in particular bypreventing it from entering the international market.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"8 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theory and Practice of Intellectual Property","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33731/22022.259741","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
Keywords: Literary works, copyright, intellectual property law, creative industries,objects of copyright
The article is devoted to the issues of the literary works legal protection and its importance forthe creative industries development. As long as literary works are one of the mostcommon objects of copyright, they often serve as the basis for the creative industriesactivities. An important feature of literary works is that they can be both completelyseparate works and be part of other compiled works. This feature makes literaryworks important for the book publishing, film, computer game, advertising, marketingindustries and also for education and culture.In this context, the legal protection of literary works is of particular importance.International legal protection of literary works is carried out in accordance with anumber of international acts, including the Berne Convention for the Protection ofLiterary and Artistic Works, the Universal Copyright Convention of 1952, and someDirectives of the European Parliament and the Council. In Ukraine the provision oflegal protection to literary works is provided in accordance with the Law of Ukraine«On Copyright and Related Rights».
The author concludes that legal protection of literary works can occur in compliancewith two main requirements. The first — the work has to be fixed in a tangibleform and has to be expressed in words. The second — it has to be the author's own intellectualcreation, that is the work has to be new and original, and the author has tomake certain creative efforts to create it.The protection of literary works plays a significant role in the development of creativeindustries and is crucial for the organization of their work. Compliance with theIP law concerning the creation and use of literary works in the creative industries isthe basis for their economic growth, while violations of IP law and attempts to circumventthe legal mechanisms of the use of law reject the industry, in particular bypreventing it from entering the international market.