THE RELATIONSHIP OF THE CONCEPTS OF ‘ORIGINALITY’ AND ‘CREATURE’ AS SIGNS OF OBJECTS OF AUTOMOBILE LAW

Abstract

This article deals with issues related to the definition of the legal nature of the signs of objects of copyright – originality and creativity. The new Law of Ukraine ‘On Copyright and Related Rights’ establishes the signs of a work as an object of copyright. These include originality and objective form. Previously, the signs of objects of copyright were not determined at the legislative level. At the same time, in the legal literature, as the main criterion for a work, a sign was singled out – the creative nature of the author’s work. Scientists, when characterizing this feature, indicated that creative work gives rise to a work that will be original, unique, new and inimitable. The current Law of Ukraine ‘On Copyright and Related Rights’ determines that for the protection of a work, the presence of the sign ‘originality’ is necessary. The sign of ‘originality’ of a work is defined by the legislator as the result of the intellectual creative work of the creator. Therefore, the original work is the result of the creative activity of the author. The article explores the problems of correlation between the concepts of ‘creativity’ and ‘originality’. Identification of the essence of these features of objects of copyright will help prevent artificial narrowing of the types of works.