LEGAL PROTECTION OF WORKS OF ARCHITECTURE IN THE LEGISLATION OF UKRAINE ON COPYRIGHT

Introduction. The article deals with the peculiarities of intellectual property rights protection in the context of the reform of national legislation in the field of copyright and related rights Objective. The publication is aimed at analyzing the latest legislation of Ukraine in the field of copyright and related rights in terms of protection of works of architecture, determining the correlation between the categories “work of architecture” and “object of architecture”, outlining the shortcomings of existing regulations in the field of regulation of architectural activity and identifying ways of regulatory improvement. Materials and methods. The research materials are: 1) regulatory and legal support for the regulation of relations concerning the protection of copyright in the architectural sphere; 2) works of domestic and foreign authors in the field of copyright protection of the results of innovative activities in the field of architecture and urban planning. In the process of determining the peculiarities of protection of architectural works in copyright, the author applied general legal and special scientific methods of studying legal phenomena and regularities. Results. Human architectural activity is an integral part of human culture. Objects of architectural activity are the result of creative, intellectual activity of a person, and they are protected and protected by copyright. The article notes that works of architecture as copyright objects are characterized by two features: the creative nature of the activity related to their creation and their expression in an objective form. A work of architecture can be expressed in the form of a drawing of the architectural part of a project, fixed in a material or electronic form, a model or an electronic model of an architectural object. Prospects. Given the spread of information technology in the field of architectural activity, and given the interpretation of architectural activity as a separate art form, it is proposed to consolidate the definition of a work of architecture as a work in the field of the art of building construction, urban planning, landscape art, landscape formations in the form of drawings, sketches, models, plans of settlements, etc. expressed, including in electronic (digital) form, in the form of constructed buildings or structures. An analysis of the provisions of the Law of Ukraine “On Copyright and Related Rights” shows that there are certain conflicts: Article 1 of the Law defines a work of architecture as a work in the field of construction of buildings, urban planning, gardening and landscape art, i. e., it is a generic category. However, clause 11 of part 1 of Article 6 of the Law treats these works as specific categories falling within the scope of copyright. With a view to resolving this conflict, the article proposes appropriate legislative changes.