A WORK OF FINE ART (PAINTING) AS AN OBJECT OF INTELLECTUAL PROPERTY

Abstract

The moral force of art can create a certain moral and spiritual atmosphere in society and, as a consequence, political stability and conditions for a balanced socio-economic development of the state. Legislatively fixed and protected right of copyright holders to works of art, and in particular painting, as objects of intellectual property is a necessary condition for the development of the sphere of culture in modern realities. Copyright is the basis of civil relations on the use of works of painting. The article formulates the author’s definition of the concept «painting» in view of its absence in the national (Republic of Belarus) legislation. The list of international and national sources of legal regulation of intellectual property protection and copyright protection is presented. The basic provisions concerning the copyright on works of painting, including exclusive (property) and personal (non-property) rights are designated. Some features of recognition and realization of the rights of authors to works of painting are revealed (in cases of creation of work by request, joint creativity of artists, creation of images of concrete persons, original processing of works with the consent of the author). It is pointed out the dual nature of the rights to paintings as objects of the material world and works. The opposite approaches of common and continental law countries to the recognition of the moral right of authors are indicated. Examples of copyright infringement of artists in the modern world are listed. The main state task in the sphere of protection of intellectual property rights in the Republic of Belarus is defined. In conclusion, the necessity of introducing the procedure of compulsory state registration of paintings as objects of intellectual property in the Republic of Belarus is proposed and justified.