EXPERIENCE OF NORTH AMERICAN FORENSIC EXPERTS ON RESEARCHES OF PERSONAGES AS OBJECTS OF THE COPYRIGHT


  • M. M. Kalinichenko
  • I. O. Struk
Keywords: copyright, character (personage), reproduction by processing, identifier of source, secondary meaning

Abstract

A personage as a part of literary, visual and audiovisual works is one of intellectual property objects, and thus is the subject to legal protection. The task of forensic expert is an empirical determination of the level of personage independence on the objective evaluation criteria. Therefore, the objective and task of the article is to provide a generalized outline of the main analytical practices and scientific-methodic concepts of North American forensic specialists which are used in the process of case materials evaluation concerning personages as objects of copyright. In the United States, the key legal provision governing the protection of the author rights (the copyright holder) on personage is that such personage is protected to the extent which is defined by the so-called "source identifier" certifying the presence of associative relation of a personage under research with concrete works or commercial objects. The contemporary research also takes into account the "secondary meaning" -factor in the process ofpersonages evaluation, which is based on their value in relation to the source of origin. Forensic experts of the United States also use two main research "tests" to determine whether a personage is a subject to legal protection. The first of them, the so-called "The Character Delineation Test" which is based on the assumption that personages underdeveloped in the artistic sense, give evidence to the lack of obvious signs of author’s creativity, hence they are deprived with attributes of creative character represented in the objective form. Another common analytical technique is so-called "The Story Being Told Test" which considers a personage as an integral part of an artistic structure of the analyzed work, without which the work, as a whole, can not exist in accordance with the rules of the traditional artistic logic.


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Published
2017-11-29
How to Cite
Kalinichenko, M. M., & Struk, I. O. (2017). EXPERIENCE OF NORTH AMERICAN FORENSIC EXPERTS ON RESEARCHES OF PERSONAGES AS OBJECTS OF THE COPYRIGHT. Theory and Practice of Forensic Science and Criminalistics, 17, 367-373. https://doi.org/10.32353/khrife.2017.47
Section
FORENSIC EXAMINATION IN INTELLECTUAL PROPERTY SPHERE