Year: 2025
Type: article
Abstract: Today, advertising, as an independent object of civil law, can be viewed as a service, as well as an object of copyright. The advertising in this article will be viewed from this very point of view. It is necessary to understand that, first of all, the advertising product is used as a service, for the creation of which creativity is reported, so that the intellectual activity of the author of this legal object. Obviously, the specialness of this type of service lies in the fact that the creative work of its author conveys its creation. Apparently, the result of the author’s creative activity is consistent with the signs, like the attached object of copyright – the work. This is originality and the clarity of the objective form. It is appropriate to establish in the current Law of Ukraine “On Copyright and Related Rights” such a sign that the originality of the work is understood as such a criterion that characterizes the work as the result of powerful intellectual creativity The author’s activities reflect the creative decisions taken by the author during the creation of his work. Also, Article 7 of the Law of Ukraine “On Copyright and Related Rights” establishes that protection extends only to the form of expression of the objects of copyright. Protection applies to all original works – published and unpublished, completed and unfinished, regardless of their affiliation, genre, subject matter, and also the method of expression. Once copyright has been created, it can be used in any form of advertising. Moreover, this type of creation, such as advertising, is created, as a rule, behind an employment contract, in connection with the type of advertising activity. Advertising can also be seen as a service product that is created within the framework of local instructions. Otherwise, it seems that the advertisement will be given a creative (original) form in order to qualify it as a valid product, so that the advertising message from completed is in perfect form, accompanied by music or expressed in the form of a graphic work, then it is recognized as subject to copyright. With this being said, the evidence of creativity in created advertising is presumed. The above points out the peculiarities of advertising as an object of law.
Source: Constitutional State
Author: V. V. Kryvoruchko
Institution: Odesa I. I. Mechnikov National University
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4409767973