ANALYSIS OF LITERARY CHARACTERS IN THE EXAMINATION OF COPYRIGHT OBJECTS
DOI:
https://doi.org/10.24919/2522-4565.2024.60.7Keywords:
copyright, literary character, examination, originality, uniqueness, legal analysis, textual features.Abstract
Summary. The purpose of this article is to develop a comprehensive methodology for analyzing literary characters within the framework of copyright object examination. This methodology aims to determine the originality and uniqueness of characters as integral elements of literary works. In the contemporary context, where the number of legal disputes related to copyright infringement continues to grow, the study of literary characters as distinct copyright objects has become particularly relevant. Analyzing literary characters represents a crucial tool for resolving disputes concerning plagiarism and copyright violations, as characters often constitute some of the most recognizable and significant components of artistic works. The research employs an interdisciplinary approach that integrates several methodological components. The first component involves methods of comparative literary analysis, focusing on identifying textual and stylistic features of characters, their behavioral traits, and linguistic characteristics. The second component includes elements of legal analysis of copyright law, which provide a framework for assessing the uniqueness of characters and defining the boundaries of permissible borrowing. The third component applies methods of cognitive linguistics to explore linguistic markers of characters’ traits, their discursive contributions to text structure, and their conceptual features. The scientific novelty of this study lies in the development of a universal model for analyzing literary characters, which considers both textual and conceptual characteristics to determine their legal status as potential copyright objects. The research substantiates that a literary character can be deemed original if its traits are sufficiently unique and innovative within the artistic context. The proposed model involves analyzing such criteria as descriptions of appearance, internal characteristics, psychological development, linguistic peculiarities, social context, and the author’s interpretations. The article also addresses the issue of permissible borrowing of character traits and its impact on the originality of a work. It establishes that excessive borrowing of external or internal traits may diminish the uniqueness of a character and raise questions about the overall originality of the work. Furthermore, the study explores conceptual aspects of analysis, such as comparing the ideas embodied in literary characters and the ways these ideas are realized in the text. The conclusions demonstrate that a detailed analysis of literary characters can serve as a key tool in resolving legal disputes concerning copyright infringement. The study identifies criteria that enable experts to clearly differentiate between borrowing and originality in literary works. The proposed methodology is expected to contribute to the unification of expert approaches in the field of copyright and enhance the accuracy of legal assessments.
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