Some issues of legal protection of an individual artistic style

Bogatova Irina Aleksandrovna

This article discusses some issues of legal protection of an individual artistic style. It is determined that the current legislation provides legal protection to the work of art itself as a result of intellectual activity within the framework of copyright, while ideas and designs are not recognized as subject matter and are not subject to protection. In contrast, patent law protects the result of intellectual activity as an idea (invention). The legal protection of an individual artistic style thus constitutes a partial reception of patent right into copyright. The author comes to the conclusion that the protection of an individual artistic style can be carried out through giving it a conditional objective form of an individual-stylistic description. Considering a work of art as a product of creative processing of an individual artistic style, the compilation of an individual artistic style, thereby, will prohibit the reception of this style by other authors without the consent of the copyright holder.

Keywords:individual artistic style, copyright, patent law, copyright works, authors 'rights, protection of copyright objects, violation of artists' copyright, legal object of individual artistic style