Works of street art that are protected by copyright

The lack of adequate theoretical basis and the legal framework, advocating the legal basis for the active use of such objects in the civil turnover, confirms and justifies urgency in scientific analysis of works analyzed in terms of their belonging to different protected objects of copyright, preparation of mechanism to establish for them a certain legal regime, which in the future can be taken into account to eliminate the existing gap in the law. The purpose of the work is to study works of street art that are protected by copyright, and to obtain scientific and practical results in the form of conclusions and proposals aimed at clarifying and supplementing the doctrine of copyright objects, in terms of works of street art. Goal: 1) to Reveal the concept of works of street art and identify the characteristics that define their types; 2) Consider the General characteristics of works of street art. 3) Analyze current issues of free disposal of rights to works of street art. 4) Study the judicial practice of intellectual property rights protection. 5) Identify legal shortcomings that do not allow to achieve the desired level of protection of rights to works of street art, and formulate approaches to overcome them. The results of the analysis made it possible to draw the following conclusion: the Absence of legally fixed features that can qualify a work as an object of copyright causes an ambiguous interpretation of the possibility of protecting rights to such objects in law enforcement practice. In order to overcome the identified gap, I propose to specify in article 1259 of the civil code, under a work subject to copyright, it is necessary to consider objectively expressed the result of human creativity that provides the opportunity to play it, the content of which meets the criteria of originality, novelty and cultural-historical values, does not contradict public interests, principles of morality and humanity. Works of street art must be recognized: 1) the results of creative activity not only of traditional works of fine art, but also objectively expressed with the consent of the owner or legal owners on things, including real estate, available for free viewing or viewing; available only in the original, since each attempt to form a copy leads to the appearance of a new work; bearing a positive social orientation and corresponding to public interests 2) the results of urban planning, architectural activity and landscape art, which are components of urban zoning and territorial planning. According to the location, works of street art can be active or passive. In accordance with the sign of the presence or absence of permission to form works of street art, they can be divided into legal and illegal. Therefore, the signs of dignity and purpose in relation to different works of street art, taking into account their publicity, are basic and therefore must be taken into account by the legislator. These facts speak not only about the significant popularity of works of street art at the present stage of development of society, but also serve as confirmation of the appropriate legislative framework and theoretical platform, acting as legal grounds for the active use of such objects in civil circulation, and also speak of the need for scientific and practical analysis of these works from the position of their belonging to special protected objects of copyright and preparing a mechanism for introducing a certain legal regime for them.