PROBLEMS OF DETERMINING THE BALANCE OF RIGHTS BETWEEN THE AUTHOR AND THE SOCIETYABOUT THE USE OF INTELLECTUAL PROPERTY IN THE HISTORY OF LEGAL STUDIES

Abstract

The article is dedicated to the problem of defining the boundaries of fair use of the composition. By the end of the 18th century compositions became unique and original. Authorship wasn't evaluated from the standpoint of traditionalism. It was connected with genius of the author, originality of creativity. Philosophers, for example I. Kant, J. G. Fichte, G. W. F. Hegel, started considering the concepts of author, ideas, and forms of the composition. The article explains what the idea and form is, comparison of these concepts, and why forms of the composition should be protected by law while the idea can be spread easily. Also the article explains the factors and legal grounds of non-classical concept's appearance due to the increasing complexity of public relations.

Keywords

• copyright
• author
• violation of copyright
• balance of interests
• idea
• form
• originality