EXPERTISE OF INTERIOR DESIGNS AS OBJECTS OF COPYRIGHT (INTERNATIONAL EXPERIENCE)
DOI:
https://doi.org/10.32689/2617-9660-2020-3(9)-57-62Keywords:
interior design, intellectual property, judicial expertise.Abstract
Reviewed in the presented article some from the key principles of the analysis of the interior space of premises as copyright objects, which are widely used in expert practice by specialists from the United States of America, Great Britain, and European Union countries. Developers of interior design in the process of conscious creativity design and emphasize in a material form the unique artistic images of the premises and their decorative elements. Original room designs are endowed with obvious artistic qualities that are created by individual orders and it is difficult to call it a purely technical work. So, according to most foreign experts, the original interior design is the design of the internal space of buildings as a whole and its original constituent element, with the prospect of protecting intellectual property, is recognized as a work of art. Although at the same time, the developers of such designs are endowed with no less rights than artists and sculptors. At the same time, such ideas about the legal essence of interior design as objects of intellectual property were surprisingly difficult for practical implementation (especially in the context of copyright protection). Which takes into account a significant number of violations in the field of protection of this category of works. So, this study examined the identification features and characteristics of the originality of interiors as works of design, which are necessary for a proper assessment of the facts of use, as well as the use of this category of works by reproduction. Further research in this area should be carried out at the levels of study and systematization of scientific and methodological means of comparing design work with copyright in cases of violation of rights that occurred as a result of unauthorized reproduction and reproduction by processing. We also consider it appropriate to combine analytical tools from other areas of forensic science (for example, methods of researching work of fine art and photographic work) with those that exist in the field of interior design expert research.
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