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COPYRIGHT FOR THE PROJECT IN ARCHITECTURAL COMPETITIONS
Author(s) -
V. Babenko,
K. Davydenko
Publication year - 2021
Publication title -
ukraïnsʹkij žurnal budìvnictva ta arhìtekturi/ukraì̈nsʹkiĭ žurnal budìvnictva ta arhìtekturi
Language(s) - English
Resource type - Journals
eISSN - 2710-0375
pISSN - 2710-0367
DOI - 10.30838/j.bpsacea.2312.230221.26.714
Subject(s) - architecture , intellectual property , competition (biology) , architectural technology , architectural engineering , principle of legality , value (mathematics) , moral rights , engineering , law , computer science , political science , visual arts , art , ecology , machine learning , biology
Problem statement. Works of architecture, as objects of copyright, is one of the key industries on which the economies of the countries of the modern world are based. The importance of architectural activity for the harmonious development of society is unquestioning, both from the point of view of the development of projects and the creation of structures, the cultural value of which is of a spiritual nature, and due to the functional value of architecture, includes aesthetic, social and everyday components. Copyright in architectural works is an important form of protecting and enforcing the rights of architects and neglect of this right usually leads to litigation. There is a problem of awareness of copyright issues in Ukraine, both in architectural projects and in many aspects of architectural activities, in particular, the observance of the copyright of architects when their architectural projects participate in architectural competitions. The main objective. Research of architectural works submitted to competitions as objects of intellectual property rights, study and generalization of existing rules of participation of architectural projects in architectural competitions, legality of their use by competition customers and observance of copyrights of architects, including students and masters of architecture. Conclusions. The participation of architects in architectural competitions is an extremely important issue due to the copyright of both experienced and young architects, especially if the participants in the competition are students of architectural and construction universities. The complex of copyright on the result of his creative activity in the field of architecture arises from the moment of creation of the work (including the project), regardless of whether it was completed and published or not. After the implementation of the project, the author's rights to constructed buildings, structures and other works as objects of copyright also belong to the author, if they were not transferred under the contract, as well as taking into account the law on rights to objects created by the employment contract and to order. The copyright for the project belongs exclusively to the author (authors) and is protected in accordance with the Laws of Ukraine. As we can see, the judicial and legislative systems of Ukraine allow an architect (or other copyright owner) to protect his project and rights to it, to punish those who encroach on someone else's intellectual property and to bring violators to justice. Legal protection is equal for all participants of the competition and can help young architects not only to gain experience in project development, at different stages of the competition, but also in case of victory, to further participate in its implementation, subject to compliance with the rules and conditions.

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