DUALISM OF THE LEGAL NATURE OF MUSEUM RIGHTS

Abstract

In the context of expanding competition, the desire of manufacturers and sellers to attract potential consumers to their goods and keep their emotional attachment is increasing. The use of works of art in their activities has a special effect on consumers, guaranteeing an instant response due to the effect of recognizing a famous masterpiece. Approaching the issue of using images of museum objects for commercial purposes and from a legal point of view, in practice, many controversial issues often arise, since the special imperative norms of museum legislation on granting the right to use images of museum objects in commercial activities with the consent of the museum largely coincide with the content of the rights of the owner exclusive right to an object of intellectual property. In this regard, this article aims to analyze whether there is a dualism of the legal nature of museum rights and determine ways to resolve it. In this work, methods of analysis, comparison and generalization are used. It is concluded that the museum object is not an object of intellectual property, but the result of its reproduction can be considered within the framework of legislation in the field of intellectual property. The results of this study can be used to conduct further scientific research on this and related issues, including as a theoretical basis for studying the problem of the misuse of images of works of art from museum collections, and can also become a starting point for research in the development of legal aspects of the museum legislation and legislation in the field of intellectual property.