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From ancient times people tried to protect and preserve what they thought were uncommon and exceptional. With the time of the civilization developed and grew - appeared the art, has developed the technology, the people learned beautifully draw, to sing, to make a film-films, write genius computer programs. This is all very well, but there were also those who profited by it. Prevent wrong powerful use for their own purposes, be it artistic works or databases or computer programs to the Law - the Law on the Copyright.
Introduction…………………………………………………………3.
An object of copyright. General provisions………………………...4.
Works that are objects of copyright………………………………...5.
Plagiarism or artistic borrowing ideas……………………………...6.
A complete overview of concepts…………………………………..8.
Term of copyright…………………………………………………..11.
The list of the literature……………………………………………..13.
Ministry of education and science, youth the sport of Ukraine
Sumy state university
Compulsory homework
From ethics and aesthetics
“The problem of authorship in the art”
Group M-03
Nechiporenko Victoria
Sumy 2011
Table of contents
Introduction………………………………………………
The list of the literature……………………………………………..
From ancient times people tried to protect and preserve what they thought were uncommon and exceptional. With the time of the civilization developed and grew - appeared the art, has developed the technology, the people learned beautifully draw, to sing, to make a film-films, write genius computer programs. This is all very well, but there were also those who profited by it. Prevent wrong powerful use for their own purposes, be it artistic works or databases or computer programs to the Law - the Law on the Copyright.
In our time is the time of the scientific-technical revolution, in many respects are violated Copyright. Even if such an example: recently splurged a large Russian company MultiMedia Mechanics. It drowned the computer pirates which produced cheap laser cd-roms with its programs. In the end the sale of its personal cd-rom drive has sharply declined. And how much of the costs suffer major manufacturers! It is difficult to say that it is impossible to forge. Very often illegally copied software, music, books are best-sellers.
It is also often have two or more creators of questions arise about the affiliation of the work, and this question should also clarify the Law. And now take a closer look at issues relating to Copyright.
Copyright applies to works, either disclosed or undisclosed, existing in an objective form on the territory of the Russian Federation, regardless of the citizenship of authors and their legal successors;
An object of copyright. General provisions
1. Copyright applies to works of science, literature and art, which are the result of creative activity, irrespective of the purpose and dignity of work, as well as on the way of its expression.
2. Copyright applies to the published works, and so on undisclosed works that exist in any objective form:
3. Part of the work (including its name), which satisfies the requirements of paragraph 1 and can be used independently, is an object of copyright.
4. Copyright does not extend to ideas, methods, processes, systems, means, concepts, principles, discoveries, facts.
5. Copyright in a work is not connected with the ownership right to the material object in which the work is expressed. Transfer of the property right to the material object or of the right of possession of the material object shall not in itself imply the transfer of any copyright in a work expressed in this object.
Works that are objects of copyright
1. Objects of copyright are:
2. To the objects of copyright rights also include the following:
Many do not understand the essence of the author's rights and the general concepts of authorship in the works of art: paintings, graphics, photography, design, etc.
Quite often in modern art leveled by the notion of authorship in general, as such.
Plagiarism or artistic borrowing ideas
A lot of photographers, artists and designers simply steal other people's work and use them in the original or processed form, sign up as authors of the resulting works, ignoring the responsibility for the fact that not indicate that they were taken as the basis:
1. Any work of art in the case of paintings and graphic works - as a result of which turned out to plagiarism
2. The picture, which or used when creating photo/work/a collage, etc. or simply put and said: I'm the author.
3. Design, created on the basis of the earlier created by someone of design works, so he is essentially a form of plagiarism, and not borrowing.
There is a big difference between plagiarism and the so-called "artistic borrowing of ideas".
This difference is manifested in the original form, the similarity between the ideas of the content of the work.
Plagiarism - the intentional misappropriation of authorship on someone else's work of science, literature or art in general or in particular. Plagiarism is recognized regardless of whether the published somebody else's work or not.
The concept of plagiarism does not have a well-defined content, and in particular cases is not always possible to clearly separate it from the neighboring concepts: role model, borrowing, co-authorship and other similar cases similarities works. In any case, coincidence of individual ideas is not plagiarized, as any new works in something based on ideas that do not belong to the author. The man, reaching their mind to something, are often inclined to consider themselves "Columbus" truth and, not wanting to know about the predecessors, sees in any repetition of his own thoughts encroachment on their rights.
In fact, the subject of plagiarism is not an idea, but its design, the outer shell. Weight of literary works not contain anything new in content, has, nevertheless, a peculiar form, new shades of expression of thoughts; only the assignment of this deeply personal side of a work, may be called plagiarism. Therefore, cannot be considered as plagiarism or borrowing the plot (plot is borrowed and in many dramas of Shakespeare, and in the stories of Aleksey Tolstoy), or in the use of ready-types (art reception, applied shchedrin in his his Ноздреве and Молчалине), not to mention the new arrangements of well-known in the world literature characters (Don Juan, Faust). Similarly may not be considered as plagiarism summary of work (essays), the essence of which it is supposed to use of other people's data without independent work.
Recently there appeared new and unprecedented form of borrowing ideas and design works, for which there is no permanently established beliefs about the presence of plagiarism. One of such forms is the borrowing of the plot or the universe from the computer or board games. Thus, in 2007 in the Russian segment of the Internet began a campaign against released by the publishing house "Eksmo" book Спиранде, which was provided direct plagiarism appeared in 1998, the game series "The Legend of Zelda" for consoles Nintendo, the author of the plot which is Сигэру Miyamoto. At the moment the situation has not yet reached the legal authorization.
Art borrowing - borrowing theme or plot of a work of art or scientific ideas, components of its contents, without borrowing from the form of their expression. I.e. - direct borrowing of ideas without their development, copying others'achievements - this is plagiarism.
Art borrowing can be easily traced in the design of the interior, for example. The interior decor in the gothic style, the designer is drawn to the art of the middle Ages (also called the era of the Gothic). He borrows characteristic for gothic forms in the form of decorative elements: frame system, "lancet" arches, window - "rose" , etc. In this he develops its own sketches for the future of the interior, using and recycling of materials on the history of the art of that time, invent new, earlier not used creative ideas and creates something new, his own. Not similar to anything, and at the same time, in the style of Gothic art. And this is not plagiarism, it is called the art of borrowing ideas. In this case it turns out that the designer becomes the author of interior design in the gothic style and has the full right to authorship.
If another designer, seeing the work of the first designer, creates the same interior with small changes, but in general the same, this is called plagiarism.
Reminiscence - an element of the art system, referring to the previously read, heard or had seen a piece of art.
A complete overview of concepts
The authorship - (from the Latin autor is the culprit, founder, the founder of the art, the applicant of the opinion) concept expressing the specific attitude to the works as personally "created" the creator (author) and that he "owned". The attitude of this, it was in the modern world the norm and has acquired along with the aesthetic well as moral and legal aspects (the so-called copyright).
A copy made from the hand of an artistic work, repeating another piece to play it as accurately as possible.
A full copy of the file must match the original size, technical equipment and the quality of performance. (handbook of art terms)
If you've copied any work, as it mark it and calmly place this work in my portfolio, not violating copyright?
We all know that many of the copy someone's work. In the academic manner, just like that, no matter what for. It is important to correctly apply this very copy, if you want to place it,say, in their portfolio or lay out in the internet on your page. Copying is not a violation, if you specify with what works.
A copy of the law - accurate reproduction of the text of any document.
A copy of the plastic arts"a work of art, repeating another piece and executed by the author himself or by another artist. A copy of may differ from the original on technology and size, but, in contrast to the replica, should accurately reproduce the style and composition of the original.
Imitation of any example, the sample.
The imitation of the authors of works of art as the nature and each other (plagiarism, a parody). The Idea Of The Paragraph. - mimesis - was fully developed in ancient aesthetics.
Imitation in the painting can be easily traced in the art of the pre-raphaelite (from the Latin prae - before and Rafael) - English artists and writers, based in his work on the art of the early Renaissance - up to Rafael. The imitation of the artistic traditions of Italian art of the 15th century caused a combination of thorough transfer of nature with styling and the complex symbolism. Imitation, a concept widely used in the history of aesthetics for designation of the substance and purpose of art as a means of reproduction of reality. The Idea Of The Paragraph. - mimesis - was fully developed in ancient aesthetics. For the first time she was expressed by Democritus, hereinafter developed Socrates, Plato, Aristotle.
According to the idealistic doctrine of Plato, art imitates not the world of things and the world of ideas; this is P. is weak and incomplete reflection of the absolute beauty of eternal ideas. In contrast to Plato, Aristotle develops the materialist conception of P. as the essence of art. All kinds of art by their nature, are imitative. P. has two functions: educational and aesthetic. With the help of P. people acquire the first knowledge of the world and at the same time enjoy - even in the case where the subject of P. itself unpleasant or disgusted. Idea of мимезисе as P. nature has arisen in the aesthetics of hellenism, in particular in the stoicism and the epicurean school.
The copying or imitation is not the same concept.
Noting the difference between copying and painting "in imitation"artist Fan Qi in the "Thinking about painting from the Hut, that in the clouds" (end of the 18TH century.) writes:
"Copiers and imitation is not the same thing. When копировке - and then copied it, the attention is concentrated on an arbitrary wizard.
In imitation of the same recreated the general sense, is the basis for the only general, consonant. The main place belongs to here the artist himself, accepting for imitation."
Works that are not objects of copyright
Are not objects of copyright:
- official documents (laws, court decisions, other texts of legislative, administrative and judicial character)and official translations thereof;
- state symbols and signs (flags, armorial bearings, decorations, monetary signs and other state symbols and signs);
- works of folk arts;
- reports on events and facts of informational character.
The right of access to works of fine art. The right route
1. The author of a work of fine art shall have the right to demand from the owner of the work the provision of the possibility of exercising the right of reproduction of his work (right of access). However, the owner of the work cannot be required to deliver the work to the author.
2. Transfer of the right of ownership of a work of fine art (for payment or free of charge) from the author to a third party shall constitute the first sale of that work.
In each case, the public resale of a work of fine art (through an auction, fine art gallery, art shop, shop and so on) at a price exceeding the previous not less than 20 per cent, the author has the right to receive remuneration from the seller in the amount of 5%of the resale price (resale). This right is inalienable and passes only to the author's heirs according to the law on the duration of the copyright.
Term of copyright
1. Copyright is valid for the lifetime of the author and 70 years after his death, except as provided in this article.
The right of authorship, the right to a name and the right to protection for the reputation of the author are protected without limitation in time.
2. The author shall have the right in the same order in which the appointment of an executor, specify the person to whom he entrusts the protection of the rights of authorship, the right to a name and the right to protection for his reputation after his death. This person may exercise his powers for life.
In the absence of such instructions protection of the rights of authorship, the right to a name and the right to protect the author's reputation after his death shall be executed by his heirs or by the specially authorized body of the Russian Federation, which carries out such security, if no heirs or their copyright stopped.
3. Copyright to a work published anonymously or under a pseudonym, is valid for 70 years after the date of its lawful publication.
If within the specified period, the author of a work published anonymously or under a pseudonym reveals his identity or his identity will not leave any further doubts, then applies the position of the first subparagraph of paragraph 1 of this article.
4. Copyright on a work created in co-authorship, is valid during the entire life and for 70 years after the death of the last surviving author.
5. Copyright on a work issued for the first time after the death of the author, is valid for 70 years after his release.
In case, if the author was repressed and posthumously rehabilitated, the period of protection of rights under this article shall start from January 1 of the year following the year of rehabilitation.
6. Calculation of the periods provided for by this article starts from 1 January of the year following the year in which the legal act occurred that marks the starting point of the period.
The list of the literature