Intellectual Property Issues in illustration of Printed Publications

Abstract

The aim of the article is to consider aspects of the use of intellectual property rights in the process of illustrating printed publications. The object of the study is complex and includes: firstly, the personal non-property rights of the author of the text, secondly, the rights of the author of a work of fine art, thirdly, the norms of industrial property law (patent law), if the illustration is a component of a trademark (a sign for a product or service) or an industrial design. The subject of the study is the issue of a practical solution to ensuring intellectual property rights in the process of illustrating printed publications.

Research methodology. Of the general scientific methods, the deductive method was used when working with literature. The comparative method was also used, and the text analysis of regulatory documents was analyzed. While not all issues have a clear legal assessment, elements of a conceptual methodology can be found in the work.

Results. The article considers the issues of compliance with intellectual property rights by publishers when illustrating printed publications. It is emphasized that it is mainly about copyright. The regulatory and legal framework of the relations arising between the copyright holder of a work that serves as an illustration for a printed publication and the publisher is analyzed. The specifics of such a work of fine art as a photograph when used as an object of intellectual property are traced. Attention is also paid to such specific rights of the author of the work as the right of access, the right of reproduction and the right to purchase the works. In addition to the publication of books, brochures, leaflets of an informative nature, educational and advertising publications are also mentioned, in which illustration plays a particularly important role. In this regard, the issue of free use of works arises, provided for by Ukrainian legislation, but complicated by the need to synchronize domestic norms with the rules of the European Union. Therefore, the role of agreements on the creation and use of copyright objects is increasing.

Novelty. The regulatory and legal framework for ensuring intellectual property rights, which has practical significance in the process of illustration, is characterized. The issue of practical solutions to ensure copyright, both in the material and non-material dimensions when illustrating printed publications, has been identified. Disputable points have been found that require clarification in the practical implementation of this right.

Practical significance. The study can be used both to develop recommendations for publishers to avoid infringement of intellectual property rights when illustrating printed publications, and for further research in this direction.

Key words: intellectual property, copyright, illustration, author, photography, work of fine art.