Fundamental principles of copyright in the context of the concept of the urban planning code of Ukraine

The article examines the fundamental principles of copyright in architecture and urban planning, focusing on Ukraine's legislative framework, international legal norms, and the EU acquis. It highlights existing contradictions in Ukrainian copyright law regarding architectural works, emphasizing the need for harmonization with European legal standards. Special attention is given to the legal status of architectural projects, author supervision, licensing mechanisms, and the scope of moral and economic rights of architects. A major issue identified is the lack of a clear legal distinction between architectural works and architectural objects, leading to inconsistent protection of intellectual property rights. The paper also analyzes the challenges posed by modifications to architectural works without the author's consent, a situation that is more strictly regulated in EU countries such as France and Poland. Furthermore, the study reviews international best practices, including the EU Directive 2001/29/EC, the U.S. Copyright Act of 1976, and France’s Intellectual Property Code, outlining mechanisms for improved copyright protection in architecture. The article proposes legal amendments to ensure stronger protection of architects' rights, including mandatory author supervision, the introduction of standardized licensing agreements, and clearer legal definitions of architectural copyright. These recommendations aim to align Ukrainian law with international practices, facilitating better enforcement and protection of intellectual property in the field of architecture and urban planning.

Authors

Publication Details

Journal
Current problems of architecture and urban planning
Published
2025-03-28
DOI
https://doi.org/10.32347/2077-3455.2025.71.48-61
Primary Topic
Land Use and Management
Type
article
Field-Weighted Citation Impact
0.00
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article

Fundamental principles of copyright in the context of the concept of the urban planning code of Ukraine

Oktyabrina Chemakina, Hanna Bondar
Current problems of architecture and urban planning
Land Use and Management
article

Fundamental principles of copyright in the context of the concept of the urban planning code of Ukraine

Oktyabrina Chemakina, Hanna Bondar
article en

Abstract

The article examines the fundamental principles of copyright in architecture and urban planning, focusing on Ukraine's legislative framework, international legal norms, and the EU acquis. It highlights existing contradictions in Ukrainian copyright law regarding architectural works, emphasizing the need for harmonization with European legal standards. Special attention is given to the legal status of architectural projects, author supervision, licensing mechanisms, and the scope of moral and economic rights of architects. A major issue identified is the lack of a clear legal distinction between architectural works and architectural objects, leading to inconsistent protection of intellectual property rights. The paper also analyzes the challenges posed by modifications to architectural works without the author's consent, a situation that is more strictly regulated in EU countries such as France and Poland. Furthermore, the study reviews international best practices, including the EU Directive 2001/29/EC, the U.S. Copyright Act of 1976, and France’s Intellectual Property Code, outlining mechanisms for improved copyright protection in architecture. The article proposes legal amendments to ensure stronger protection of architects' rights, including mandatory author supervision, the introduction of standardized licensing agreements, and clearer legal definitions of architectural copyright. These recommendations aim to align Ukrainian law with international practices, facilitating better enforcement and protection of intellectual property in the field of architecture and urban planning.

Current problems of architecture and urban planning(71)
Openalex Percentile: Top 85%
Land Use and Management
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