EXAMINATION OF LITERARY AND ARTISTIC WORKS

Abstract

An article devoted to the study of the essence and content of the categories «literary work», «work of art» and «official work» as an object of copyright and forensic examination of intellectual property. It is determined that a literary work is the main component of the literary process, the result of the writer’s work; a work of art is a phenomenon of fiction, ie heterogeneous in origin art, which has self-sufficient aesthetic value, which can be interpreted differently, interpreted depending on the purpose and experience of readers, literary critics; official work is a work created by the author in the course of performance of official duties in accordance with the official task or employment agreement (contract) between him and the employer. It is noted that a derivative work is a work that is a creative adaptation of another existing work without prejudice to its rights (annotation, adaptation, arrangement, processing of folklore, short stories, adaptations, other adaptations of the work) or its creative translation into another language. Derivative works create new intellectual property. The article defines the procedure for examination of literary and artistic works. It is noted that the examination of intellectual property is performed: to establish the legal owner of intellectual property; to ensure the legal protection of intellectual property; to compensate for damages caused by unauthorized use of intellectual property. The tasks set for the decision of the forensic expert are formed on the basis of the need to establish certain objective facts that are of practical importance for clarifying the truth in the case. These tasks are determined by the questions posed to the forensic expert or by way of expert initiative. The main circumstances established by forensic examinations in the field of intellectual property to be proved in criminal proceedings are determined. The basis for the examination in accordance with applicable law is a procedural document appointing an examination, drawn up by an authorized person (authority), or a contract with an expert or expert institution, concluded at the written request of the person in cases provided by law. details, case number or criminal proceedings or a reference to the article of the law, which provides for the provision of an expert opinion, a list of issues to be resolved, as well as objects to be investigated. In other cases, an expert study is conducted, based on a contract with an expert or expert institution, concluded on a written application (letter) of the customer (legal or natural person), with mandatory indication of its details, with a list of issues to be resolved , as well as facilities provided.