scholarly journals Сriterion of creativity (originality) as a condition of protectability of subject matter of copyright

2021 ◽  
pp. 27-37
Author(s):  
Yuriy Evgenovich Khodyko

In the article, the author considers the question of the criterion of creativity (originality) as a condition of protectability of subject matter of copyright. It is indicated that the current civil legislation does not provide an understanding of the creative activity (originality) of the work. At the same time, the case law is based on the principle that the creative component in subject matter of copyright is presumed. Nevertheless, the question of the creative nature of the work may arise in the event of a dispute. In addition, an understanding of the criterion of creativity is necessary during the examination process. The criterion of creativity (originality) of the work is analyzed from the point of view of the subjective approach – through the prism of expression of the author's individuality, the reflection of his personality, and objective approach, which is based on the presence of objective novelty. The author concludes that today the majority in both scientific circles and actually in the judicial practice of disclosing the criterion of creativity is carried out through the subjective approach. The signs are given in the presence of which we can assume that the work has a creative (original) nature. It is noted that in order to recognize a work as original, there is no need for the form of expression to be absolutely original, and to have any features of previously created works (for example, citations, etc.), but only a certain level of creative individuality of the author in the work is enough. The question of determining the level of originality of the form of expression of the work is analyzed, namely, what should be the minimum component of originality in order to recognize the existence of a creative nature and extend to the work the regime of copyright protection. It is indicated that in each case, for different types of works, the assessment of the originality of the work is different and is determined for each work separately, taking into account its features. The study of the criterion of creativity (originality) is carried out based on a thorough and comprehensive analysis of legislation, case law, and scientific opinion that has formed on this issue. Based on the analysis of the criterion of creativity (originality) as a condition of protectability of subject matter of copyright, conclusions are made.

2019 ◽  
pp. 38-40
Author(s):  
V. O. Antoniuk

The article explores the classification of a choreographic work as a copyright object. The legally significant bases of the classification are determined, on these basis the different types of choreographic work are differentiated. The main reasons are the style and the structure of the choreographic work. In the style, the choreographic work is divided into folk, ballroom, modern and classical dance, in the structure – dance and the dance show. The author also formulate definitions of these concepts. The article presents a number of definitions of the concept of dance through the lens of art, culture and law. Analyzing the latter, the author gives own definition of this term as a copyright object: dance is a system of conditional movements (pa), gestures and poses, pantomimes, subordinated to the general rhythm. The concept “dance show” is defined as follows: dance show is a system of movements, poses, gestures, pantomimes, combined with one thought, with musical accompaniment and choreographic images, which can be fostered by scenery, costumes, stage light and more. In addition, the article identified the features of dance and the dance show, which allows to delineate these concepts. The signs of dance as an object of copyright are creative, objective form of expression, the presence of movements, poses, gestures, pantomimes arranged in a certain sequence, the presence of rhythm. Among the features of a dance show are the following: creative character, objective form of expression, system of movements, poses, gestures, pantomimes, musical accompaniment, idea of the work, choreographic images. After analyzing these features, the author defines the main difference between these features: a dance show is a complex work that contains a different object of copyright – a piece of music, and it can also contain other results of intellectual creative activity (costumes, scenery and more). At the same time the dance is a sequence of elements of choreographic vocabulary. One more concept which the author reveals in the article is “choreographic show”. The author equates this object to ballet performances, musicals and considers it necessary to protect them as musical-dramatic works, because they are inherent in all the signs of the last.


Author(s):  
Анатолий Ковлер ◽  
Anatoliy Kovler

International standards of a fair trial were created by centuries of judicial practice and are stipulated by the international and regional pacts and conventions, as well as by the reports and opinions of the Venice Commission. The case-law of the European Court of Human Rights concerning complains against violations of a right to a fair trial are also of a great importance from the point of view of an implementation by the national courts of the European Convention on Human Rights. The European Convention on Human Rights in its Article 6 “Right to a fair trial” — a “core” article of the Convention, provides such standards of a fair trial as a public hearing within a reasonable time by an independent and impartial court established by law, judgment must be pronounced publicly. Besides these standards the Convention suggests some procedural guarantees of a fair trial everyone must be informed promptly of the nature of an accusation against him, he has a right to defend himself of though legal assistance ant to examine witnesses, etc. The case-law of the European Court on Human Rights shows that practically all European countries, including Russia, have problems with the implementation of the Convention’s standards into the practice of justice. That is why the Article 6 remains the most “suggested” complain of the applicants.


2019 ◽  
Author(s):  
Heba Abdel Wahed Sayed

A collection of 30 clay oil lamps from Gunther Grimm's excavations in 1973 in the Western necropolis of Alexandria has been classified by Safaa Samir Abu Al Yazid from Tanta University and found to represent 12 different types ranging in time from the Hellenistic to the late Roman periods in Egypt's ancient history. The present paper looks at this collection from the point of view of the symbolic significance of the decorative motifs used in their decoration. These motifs— figural, floral and geometric—had obvious symbolic meaning to their users and signified more than a simple belief in certain deities. They also reflected Roman Egyptian culture.


2018 ◽  
Vol 13 (13) ◽  
pp. 100-113
Author(s):  
Y.V., Netsvitay T. V. Tararoev

Background. Goals In recent years, there is a growing interest in musical thinking, which is a key element of musicology and music philosophy, since music is a conscious, mental activity of a person and understanding the mechanisms of this activity, we can signifi cantly expand and deepen our understanding of music. The purpose of this study is to defi ne and supplement and clarify the concept of M. G. Aranovsky musical thinking our author’s approach, concretizing and clarifying the methodological and heuristic function of symmetry in musical thinking and its anthropological content. The work uses methods of comparison, analysis and synthesis. Musical thinking manifests itself in three forms of basic musical activity - composing, performing, listening, to which we also add theoretical (research) and pedagogical They are based on the processes of musical thinking and the fulfi llment of certain goals: the creation of an artifact, interpretation, reproduction, perception, analysis and theoretical understanding. The three spheres of realization of musical thinking are emotional-sensual, rational-logical and textual, semantic. These forms are closely intertwined and function on the basis of musical language, which is the foundation of any musical creative activity. The direct interaction of music and rationality is displayed in terms of “musical logic” and “architectonic musical ear”. Logic is the science of the most common laws of thought. These laws of thinking are expressed in the most abstract forms, patterns, rules that can be interpreted as conformity of something to specifi c norms, patterns. With regard to music, logic implies following certain standards and rules. Since the rational principle in music is closely associated with the irrational unconscious, the common logical norms that have been formed in a certain historical epoch within the framework of the dominant system of musical language are refracted through the individual stylistic features of the composer. A specifi c type of thinking - musical - generates the corresponding type of logic. Therefore, it is possible to express musical thinking by the sum of concepts - musical logic, musical speech and semantics of musical speech. M. G. Aranovsky identifi es four layers of musical logic: combinatorial, linguistic, contextual and artistic, i.e. those aspects (levels, edges) of the creative activity of a musician, in which there is logic. The lowest and at the same time fundamental level of musical logic is combinatorial, it is the sphere of primary elementary logical combinations of the simplest elements. However, the logic of this level extends to all scales of structures, from small motive links to sections of a one-part form. M. G. Aranovsky proposes to distinguish three types of logical combinations: 1. Identical - based on a constant repetition of structural units, where the formed elements are identical with each other (for example, AAAAAA). In terms of symmetry, this is a transformation of a simple movement along the time axis. It can again be noted as the simplest type of isomorphism, where only one characteristic changes - temporary. If we exclude it from consideration, then we can say that this is a “degenerate case” of isomorphism, which is an automorphism. 2. Equivalent - based on the modifi ed version of the repetition, in which there are both similarities and differences, i.e. incomplete identity is formed (for example, A1A2A3A4). From the point of view of symmetry, this combination of sequences represents the “unity” of the operation of symmetry, movement and violation of symmetry as such, i.e. in this sequence, some properties are repeated, while others change. This temporal process can be represented as isomorphism in the proper sense of the word, when some elements remain identical, while others change, and in general the objects are different, but similar. 3. Alternative - a combination of sequences of different units with complete exclusion of formal or obvious similarity (for example, ABC). Through symmetric transformations, this kind of logical combinations of primary elements can be described as an even greater symmetry violation, which preserves only the general “sequence of elements”, i.e. a small number of common properties, while these elements themselves are significantly different from each other. In this case, one can speak of a deep “transformation” of isomorphism, which can be called “metamorphism” (gr. Metamorphoómai - transformation of form). The basis of this transformation is a violation of the original symmetry in such a way that much more properties change than in the case of isomorphism. It can be schematically represented as A1 → B, A2 → C, etc. Thus, metamorphism can be considered both as a similarity, which has undergone a rather strong transformation, and as a symmetry violation, leading to a signifi cant complication of the structure. Thus, the result of this study is the position that, from the point of view of M. G. Aranowsky, the temporal process is the basis of musical thinking. The built-up chain “temporal process → musical logic → musical thinking” is the anthropological specifi city of human thought (in the musical sphere) associated with temporal processes in which a person is “immersed” and from which he cannot “exit” under any circumstances. Findings. we conclude that this chain can be called the “temporal-anthropological triad”. It represents the sequence “automorphism → isomorphism → metamorphism”. Each of its stages is different from the previous increase in the level of complexity. Of particular interest is the transition from isomorphism to metamorphism, since it is associated with the process of symmetry breaking. The mechanisms and principles of this disorder need further investigation.


Author(s):  
Yu.V. Kupriyanova ◽  
I.M. Vasilyanova

The article summarizes the key points in the development of the metadialogue phenomenon from a linguistic point of view. Some stages of the development of this concept and the difficulties associated with its structuring are covered. The main research findings of modern foreign and domestic experts on its study are considered. Some characteristics of the subject of the research from the standpoint of various pragmatic installations are given. On the basis of the dynamic structure of the metadialogue development, certain principles of semantic relations connected with the dialectical nature of human cognition are presented. Excursion into the history and evolution of the concept is presented. Several types of formulation of the subject matter are given. In accordance with the goal of speech exposure, internal problems of the development of metadialogue are highlighted and the critical points related to solving these problems are described. The rules of metadialogue flow are explained at the level of steps, the success/failure of which directly affects the final result of communication. The prospects of development of the concept research in accordance with various types of discourse are indicated.


2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.


2020 ◽  
Vol 8 ◽  
pp. 94-98
Author(s):  
S. S. Arsentyeva ◽  
◽  
A. N. Savchenko

The article presents the point of view on the need to specify the feasibility and necessity of conducting such an investigative action as checking the testimony on the spot by disclosing the content of the purpose – «establishing new circumstances», by including in the article a direct ban on the production of this investigative action for retelling previously given testimony, violations of which would entail the recognition of such evidence as inadmissible.


2020 ◽  
Vol 10 ◽  
pp. 62-69
Author(s):  
К. А. Pisenkо ◽  

The article is devoted to defining the main approaches to classifying acts as violations of аntimonopoly legislation. On administrative and judicial practice discusses current issues and problems of definition of illegal acts, both from the point of view of antimonopoly regulation, and the delineation of antimonopoly violations and violations of other mandatory requirements established by the legislation of the Russian Federation.


2015 ◽  
Vol 5 (2) ◽  
pp. 148-171
Author(s):  
Denisa Gunišová ◽  
Jana Duchovičová

Authors in this contribution focus on issue of subject matter structure creation by the teacher as an important psycho-didactic domain of education process and how does a student perceive this structure. The aim of the teacher is not only to impart the knowledge to students but also to show them and teach them possible ways of how to understand the subject matter better and how to get to the fundamentals of it. Based on the structure of subject matter created by the teacher a student creates cognitive frames which become basis for his further learning. We pay attention to definition of epistemology of subject matter structure, questions of psycho-didactic approach to teaching, creating structure of subject matter and how does the teacher work with the text. Empirical part of the contribution investigates teachers' preferences of subject matter structure and statistically describes subjective perception of level of understanding of the subject matter by a student influenced by the particular subject matter structure realized by the teacher.


2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.


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