{"title":"作为版权对象的广告","authors":"N. Fedorova","doi":"10.33731/22022.259742","DOIUrl":null,"url":null,"abstract":"Keywords: advertising, advertising elements, copyright, advertising structure \nThe article reveals questionsregarding such a complex object of copyright as advertising. The current legislationand judicial practice are analysed, it is substantiated that advertising elementsshould be characterized by signs of originality, uniqueness, and uniqueness.As a rule, advertising combines several objects of copyright at once. At the sametime, each separate part of the work (advertising video) can be used independentlyand is considered as a work and is protected in accordance with the Law of Ukraine«Copyright and Related Rights». Given the above, advertising is considered as a complex,multi-layered object of copyright, which includes various independent objects —elements of it. At the same time, in the case of creating advertising as a complex object,it is assumed that intellectual property rights must be transferred to all copyrightobjects that are part of it.Copyright objects what can be used in advertising are usually: drawings, animations,photographs, musical accompaniment, video, design, font, etc.Separate interest as an object of copyright deserves such a component of advertisingas a «slogan». However, Ukrainian legislation does not establish special requirementsfor the use and protection of slogans in advertising.It is determined that individual elements of advertising can receive independentlegal protection both by copyright (in particular, drawings, animations, photographs,musical accompaniment, fonts, design), and outside of copyright. For example, an advertisingslogan, the subject to the requirements of the law, may acquire legal protectionas a sign for goods and services. At the same time, such legal protection of individualelements of the internal structure of advertising does not change its protectionas an integral object of copyright, but can serve as an additional guarantee of the protectionand protection of advertising in the event of a conflict of interest requiring ajudicial decision.","PeriodicalId":356184,"journal":{"name":"Theory and Practice of Intellectual Property","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Advertising as an object of copyright\",\"authors\":\"N. Fedorova\",\"doi\":\"10.33731/22022.259742\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Keywords: advertising, advertising elements, copyright, advertising structure \\nThe article reveals questionsregarding such a complex object of copyright as advertising. The current legislationand judicial practice are analysed, it is substantiated that advertising elementsshould be characterized by signs of originality, uniqueness, and uniqueness.As a rule, advertising combines several objects of copyright at once. At the sametime, each separate part of the work (advertising video) can be used independentlyand is considered as a work and is protected in accordance with the Law of Ukraine«Copyright and Related Rights». Given the above, advertising is considered as a complex,multi-layered object of copyright, which includes various independent objects —elements of it. At the same time, in the case of creating advertising as a complex object,it is assumed that intellectual property rights must be transferred to all copyrightobjects that are part of it.Copyright objects what can be used in advertising are usually: drawings, animations,photographs, musical accompaniment, video, design, font, etc.Separate interest as an object of copyright deserves such a component of advertisingas a «slogan». However, Ukrainian legislation does not establish special requirementsfor the use and protection of slogans in advertising.It is determined that individual elements of advertising can receive independentlegal protection both by copyright (in particular, drawings, animations, photographs,musical accompaniment, fonts, design), and outside of copyright. For example, an advertisingslogan, the subject to the requirements of the law, may acquire legal protectionas a sign for goods and services. At the same time, such legal protection of individualelements of the internal structure of advertising does not change its protectionas an integral object of copyright, but can serve as an additional guarantee of the protectionand protection of advertising in the event of a conflict of interest requiring ajudicial decision.\",\"PeriodicalId\":356184,\"journal\":{\"name\":\"Theory and Practice of Intellectual Property\",\"volume\":\"1 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/10.33731/22022.259742\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theory and Practice of Intellectual Property","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33731/22022.259742","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Keywords: advertising, advertising elements, copyright, advertising structure
The article reveals questionsregarding such a complex object of copyright as advertising. The current legislationand judicial practice are analysed, it is substantiated that advertising elementsshould be characterized by signs of originality, uniqueness, and uniqueness.As a rule, advertising combines several objects of copyright at once. At the sametime, each separate part of the work (advertising video) can be used independentlyand is considered as a work and is protected in accordance with the Law of Ukraine«Copyright and Related Rights». Given the above, advertising is considered as a complex,multi-layered object of copyright, which includes various independent objects —elements of it. At the same time, in the case of creating advertising as a complex object,it is assumed that intellectual property rights must be transferred to all copyrightobjects that are part of it.Copyright objects what can be used in advertising are usually: drawings, animations,photographs, musical accompaniment, video, design, font, etc.Separate interest as an object of copyright deserves such a component of advertisingas a «slogan». However, Ukrainian legislation does not establish special requirementsfor the use and protection of slogans in advertising.It is determined that individual elements of advertising can receive independentlegal protection both by copyright (in particular, drawings, animations, photographs,musical accompaniment, fonts, design), and outside of copyright. For example, an advertisingslogan, the subject to the requirements of the law, may acquire legal protectionas a sign for goods and services. At the same time, such legal protection of individualelements of the internal structure of advertising does not change its protectionas an integral object of copyright, but can serve as an additional guarantee of the protectionand protection of advertising in the event of a conflict of interest requiring ajudicial decision.