Limits of acceptable use of reproduction of museum objects and museum collections
The purpose of the research is to define the boundaries of the acceptable use of reproductions of museum objects and museum collections from the point of view of museum legislation and legislation in the field of copy- right. The method of comparative analysis of the legal regimes of works of art and museum objects and museum collections was the key research method used to identify the problem related to the boundaries of the acceptable use of reproduction of images of cultural values. The analysis of the ways of using copyright objects, namely reproduction and remake with reproduction as a way of using images of museum objects and collections, is carried out. The method of analogy was also used to identify the possibilities of introducing homage as a new method of use. Based on the results of the study, it was concluded that the concept of “reproduction” from museum legislation is not identical to a similar method of using copyright objects, since reproduction of a museum object and a museum collection additionally implies remake. In addition, homage cannot be a new way for the free use of works of art, since this artistic technique affects not only the exclusive right to the work, but also the personal non-property right of the author – the right to inviolability. The theoretical and practical significance of the work lies in the disclosure of the concepts of “reproduction” and “remake” both from the point of view of copyright legislation and museum legislation, as well as using examples of museum objects and museum collections to analyze the use of homage in the creation of works of art, on the basis of which it is concluded that this artistic technique can not be the basis for the free use of the works.
Authors
- Gennadii B. Zolotov (ORCID: https://orcid.org/0000-0003-3560-5467)
Institutions
- Russian State Academy of Intellectual Property (RU)
Publication Details
- Journal
- Current Issues of the State and Law
- Published
- 2025-01-01
- DOI
- https://doi.org/10.20310/2587-9340-2025-9-1-56-62
- Primary Topic
- Archaeological Research and Protection
- Type
- article
- Field-Weighted Citation Impact
- 0.00