Results of intellectual activity as objects of civil rights. Results of creative activity. Information Subject object goal means results

15.05.2024 ethnoscience

Man, human society cannot exist without activity. It is she who shapes a person as a person and helps him satisfy his needs. What is an activity, what types of activities exist? Let's consider this.

What is an activity?

Activity is the process of a person’s active transformation of reality and knowledge of the world, including society and himself, in order to satisfy his needs.

Activity structure

  • Subjects of activity, that is, who performs the activity (person, groups of people, government bodies, organizations)
  • Objects– to whom or what the activity is directed (nature, natural materials, objects, phenomena and processes in society, people, groups, society as a whole, spheres of public life, the internal state of a person.)
  • Motive activity, that is, what motivates a person to perform actions (needs, interests, beliefs, ideals, emotions, drives, social attitudes).
  • Target activity – the presence of a conscious image of the result of the activity towards which it is aimed.
  • Facilities - that is, methods, methods, objects that are used to achieve a goal.
  • Process activities actions, actions aimed at achieving results.
  • Bottom line activity - the result, the product of the activity for the sake of which it was performed.

Thus, activity structure is this:

Object-subject-motive – goal – means – process (actions) – result

All human activity is a series of constant actions.

Action - it is a process that aims to achieve the desired result.

Based on the motives of action there are (according to Weber M):

  • Targeted having a clearly thought-out and rationally set goal.
  • Value-rational , are characterized by the fact that a person believes in the value and necessity of his activity.
  • Affective– are caused by the emotional state of a person, when feelings prevail over reason.
  • Traditional– they are based on long-term habits.

Activities

1.Material (practical):

  • Material and production(transformation of nature, creation of material wealth)
  • Socially transformative(activities to transform society)

2.Spiritual

  • Cognitive(knowledge of the world, society, person)
  • Value-oriented(formation of worldview, people’s attitude to phenomena occurring in the world around them, ideals, values, meaning of life)
  • Prognostic(foresight, future planning)

Forms of activity

1.Labor

Work– this is a type of activity that is aimed at creating material and spiritual products to satisfy certain needs of man and society.

Characteristic features of labor as a type of activity

  • Feasibility (need, need)
  • Having goals aimed at achieving a certain result.
  • Availability of knowledge, skills, abilities that allow you to perform certain actions.
  • Utility (that is, the results of the activity must actually satisfy needs)
  • Personal development (work transforms the person himself, forms the moral qualities of the individual)
  • Focus on results and getting them.
  • Transformation of the world, society and man himself.

Types of labor

  • Physical – characterized by the fact that there is a load on the human body, on its musculoskeletal system.

Physical labor can be: manual, mechanized, assembly line, or automated.

  • Mental – associated with processing, assimilation of information, requires attention, memory, and activation of thinking processes.
  • Mixed - work that requires a combination of both physical and mental effort.
  1. A game

A game is a type of unproductive activity for which the process itself is important, not the result.

Play for a child is one of the ways to understand the world; A game for adults is both relaxation and entertainment, and at the same time, business games help model the type of behavior in a given situation, for example, when applying for a job.

Characteristic features of the game as an activity

  • Conditional situation
  • The presence of certain rules for a particular game
  • The use of objects that replace real ones (for example, for a child, a doll is her daughter)
  • Peculiar goals (satisfying the need for rest, communication, developing certain business conversation skills, etc.)
  • The game contributes to the development of moral qualities of the individual, the formation of certain skills and abilities.
  1. Teaching (study)

Teaching- a type of activity as a result of which a person learns about the world, society, himself, and acquires the knowledge, skills, and abilities that he needs for successful life.

Types of teaching

  • Organized (it is carried out in educational institutions: school, university, etc.)
  • Unorganized (it is carried out as a by-product of the main activity)
  • Self-education (independent acquisition by a person of knowledge and teachings, which is based on personal interest).

Characteristic features of teaching as a type of activity

  • Contributes to the development of personality, the formation of his worldview.
  • The teaching is based on mastering the experience of previous generations.
  • Forms professional knowledge and skills that allow you to successfully perform activities.
  • Promotes the assimilation of values ​​and norms of national and world culture.

Human activity has features:

  • Purposeful, conscious in nature, that is, it always has a goal and is aimed at achieving results.
  • The planned nature of the activity, that is, it also represents a certain structure.
  • Systematicity, that is, activity, is a long, daily process.
  • Productivity is the focus of activity on obtaining results.
  • Transformative in nature - the activity changes the world around us, society and people.
  • Social character, that is, activity is the result of centuries of human labor, it is a product of history.

It should be noted that the activity can be creative in nature.

What is creativity?

Creation- this is any human activity (spiritual or material), as a result of which something qualitatively new appears, which did not exist before and has value for the whole society. The main criterion for creative activity is uniqueness its result.

The mechanism of creative activity:

  • Combination existing methods and methods of activity in a different version.
  • Availability imagination , that is, a person’s ability to create sensory and mental images in his mind.
  • Fantasy , capable of creating bright, unusual images.
  • Intuition - knowledge, foresight, the appearance of which cannot be explained.

The difference between human activity and animal activity

Traits of human activity Animal activity traits
The presence of a goal, conscious motives, the use of the necessary means and methods, their rational choice to achieve the goal. The activity is based on needs based on instincts, there is no set goal, there is no choice of means and methods, only the use of natural material, all actions are programmed by nature, animals do not create, do not produce anything new, they only use what nature has given.
Activities are characterized by systematicity and a set of special operations. Only movement, no action. There is no systematic activity.
Human activity is productive; man not only uses what nature creates, but also creates, transforms the world, society and himself. The activity of animals is always of a consumer nature; they do not create anything new, do not change anything around them or in themselves.
Human activity is the result of the development of society and the assimilation of the experience of previous generations. The activity of animals is the result of their biological evolution.
A person is introduced to activity as a result of socialization; from birth the ability to do it is not given to a person. The activity of animals is genetically predetermined, inherent in them by nature.

Communication

There is no consensus in science about whether communication is a separate form of activity or accompanies other types. But in any case, communication is also an activity that allows a person to become an individual, helps in mastering knowledge, skills, and abilities, and facilitates any type of activity.

Communication - this is a special form of interaction between people, the establishment of relationships, contacts, connections between them.

An important means of communication is language, speech ( verbal communication), although a large place is occupied by gestures, facial expressions, posture ( nonverbal communication).

Communication functions

  • Socializing — formation of personal qualities.
  • Broadcast - in the process of communication, a person receives information, knowledge and experience are transferred from generation to generation
  • Emotional — through communication you can understand a person’s feelings, emotions, and his attitude towards the interlocutor.
  • Identification - assigning a person to one or another group of people, identifying with them or, conversely, opposing them)
  • Integrative , that is, communication brings people together.

Types of communication

  • Between two real subjects (person-person, person-group)
  • Between a real subject and an illusory one (a person is an animal, a person talks to an animal, thinking that it understands the meaning of his words)
  • Between a real and an imaginary partner (a person’s internal dialogue with someone, for example, with a boss)
  • Between two imaginary characters (for example, a conversation between literary characters, it is only imagined by the reader in the process of reading a book)

Communication must be distinguished from communication.

Communication– this is a polysemantic word. It is derived from Lat. “I make it common, I connect, I communicate). Therefore, in some situations, communication is the word “communication” in blue (for example, at school they develop the communication skills of schoolchildren).

However, in the “Social Studies” course the meaning of the word is somewhat different - the transfer of information unilaterally, without feedback (for example, the media). Therefore, when answering Unified State Exam questions, keep this in mind: when communicating, immediate feedback, exchange of emotions, and evaluation of information are possible, but when communicating, that is, receiving information, for example, while watching the TV show “Today,” the viewer only perceives the information, but in this mine does not have the opportunity to express an opinion, for example, to the announcer. Therefore, there is no feedback during communication.

That's the theme "Activity". As you can see, it is voluminous, there is a lot of terminology, and often on the Unified State Exam there are questions related to this topic.

I would like to end the lecture with the words of the great Russian writer L.N. Tolstoy: "To achieve goals, we must at least go.” So go towards your goal, take action, use all possible means and methods, but achieve your goal - pass the Unified State Exam successfully. This is what I sincerely wish for all of you!

Melnikova Vera Alexandrovna

Results of creative activity. A large group of civil legal relations arises in connection with the creation and use of the results of creative activity - works of science, literature and art, inventions, computer programs, industrial designs, etc. These products of creative activity are objects of so-called intellectual property. Intellectual property is a conditional collective concept that is used in a number of international conventions and in the legislation of many countries, including Russia, to designate a set of exclusive rights to the results of intellectual and, above all, creative activity, as well as means of individualization of legal entities equated to them under the legal regime , products, works and services (company name, trademark, service mark, etc.).

Law in general, and civil law in particular, does not regulate the process of intellectual activity that ends with the creation of new, creatively independent results in the field of science, technology, literature and art. The creative process itself remains outside the scope of legal norms. At best, the law regulates only the creation of organizational, property and other prerequisites for creative work. However, when the creative process ends with a productive act, regardless of what objective form its result takes, the norms of civil law come into force, ensuring its public recognition, establishing the legal regime of the corresponding object and the protection of the rights and legitimate interests of its creator.

The results of creative activity, unlike things, are intangible benefits. Thus, a work of science, literature or art is a collection of new ideas, images, concepts; invention, utility model and innovation proposal - technical solutions to a problem; industrial design - an artistic and design solution for the appearance of a product, etc. But they become objects of civil legal relations only when they take on some objective form that ensures their perception by other people. Thus, a literary work can be recorded in a manuscript, recorded on magnetic tape, etc.; the invention can be expressed externally in the form of a drawing, diagram, model, etc.

The material carrier of the creative result (manuscript, magnetic recording, drawing, etc.) acts as a thing and can be transferred into the ownership of other persons, can be destroyed, etc. But the result of creative activity itself, being an intangible good, is retained by its creator and can be used by other persons only in agreement with him, with the exception of cases specified in the law.

Works of science, literature and art, the results of technical and other types of creativity, being, of course, the main component of the concept of “intellectual property”, do not exhaust its entire content. The latter also covers other results of intellectual activity, including those that are not of a creative nature. An example is many production secrets (“know-how”), which, although often of great commercial value, are often not the results of creativity. Current Russian legislation also does not recognize brand names, trademarks and other means of individualization of legal entities, products, works and services as results of creativity. However, since the law guarantees the copyright holders of these objects the exclusive right to use them, the legal regime of these objects is equated in a number of ways to the regime of the results of intellectual activity and they are also included in the concept of intellectual property.

Information. The results of intellectual activity as intangible benefits can be considered as a certain type of information resources. However, these resources themselves are not reducible to works of creativity and other results of intellectual activity and can also exist in the form of a wide variety of knowledge of a scientific, technical, technological, commercial and other nature.

In the modern world, information has long acquired a commercial character and acts as a special object of contractual relations related to its collection, storage, search, processing, distribution and use in various spheres of human activity. In this case, machine information is of particular importance, which is understood as information circulating in the computing environment, recorded on a physical medium in a form understandable by a computer, or transmitted via telecommunication channels.

As a special object of civil rights, information is characterized by the following features. First of all, information is an ideal component of being, i.e. an intangible benefit that cannot be reduced to those physical objects that act as its carriers (recording on paper, magnetic tape, etc.). Further, information is a non-consumable good, which is subject only to moral, but not physical aging. An important feature of information is the possibility of its almost unlimited replication, distribution and transformation of the forms of its recording. Finally, the law does not grant anyone a monopoly on the possession and use of information, with the exception of that which is also an object of intellectual property or falls under the concept of official and commercial secrets.

Official and commercial secrets are a special type of information that is specifically highlighted in Art. 139 of the Civil Code of the Russian Federation. It is formed by that part of information that has actual or potential value due to its unknownness to third parties, provided that there is no free access to it on a legal basis and the owner of the information takes measures to protect its confidentiality. The composition of information constituting official and commercial secrets is determined by the participants in civil transactions themselves, taking into account the restrictions established by law. Entrepreneurs usually include data on ongoing negotiations, concluded transactions, counterparties, property status, etc. as this type of information. From the point of view of current legislation, official and commercial secrets also include information regarding the technologies used, technical solutions, methods of organizing production, etc., i.e. everything that is usually covered by the concept of production secret (“know-how”).

The results of creative activity will be works of literature, science, art, inventions, industrial designs, computer programs, etc. It is worth noting that they are classified as objects of so-called intellectual property, which means exclusive rights to the results of intellectual activity, as well as means of individualization of legal entities equal to them under the legal regime. (trademarks, service marks, etc.) The results of creative activity themselves are intangible, however, in order for them to be protected by law, it is extremely important that they be expressed in some objective form (for example, drawings, video tape, etc. .) Being recorded in material form, the results of creative activity become things and as such can pass from one person to another, but the result of creative activity itself remains with its creator.

The exclusive right to the result of intellectual activity means that without the consent of the copyright holder to the result, no one can use it, except in cases expressly provided for by law. The results of intellectual activity are regulated by special legislation

Information is understood as a set of certain information and data about the surrounding world. It is worth noting that it will be an intangible benefit that is not related to those physical objects that act as its carriers (recording on paper, magnetic tape, etc.) Do not forget that an important feature of information will be the possibility of its almost unlimited replication and distribution and transformation of the forms of its fixation. Finally, the law does not grant anyone a monopoly on the possession and use of information, with the exception of that which will also be an object of intellectual property or falls under the concept of official and commercial secrets.

At the same time, not all information is subject to civil regulation, but only that which has actual or potential commercial value due to its unknownness to third parties and the lack of free access to it legally, and the owner of which takes measures to maintain its confidentiality.
Based on all of the above, we come to the conclusion that the Civil Code provides for the protection of interested parties from the disclosure of information belonging to them without permission. Civil law protects that part of information that has actual or potential value due to its unknownness to third parties, provided that there is no legal access to it and the owner of the information takes measures to protect its confidentiality. The material was published on http://site
The composition of information constituting an official or commercial secret must be defined in special legislation.

Law of the Russian Federation of January 25, 1995 “On information, informatization and information protection” (as amended by the Federal Law of January 10, 2003 N 15-FZ) Federal Law of the Russian Federation 1995 N 8 art. 609

Let's read the information.
Activity human - a type of human activity aimed at understanding and creatively transforming the surrounding world, including oneself and the conditions of one’s existence.

Activity structure

1. subjects of activity may be:

  • Human
  • a group of people
  • organizations
  • government bodies
2. objects of activity can be:
  • nature and natural materials
  • objects (things)
  • phenomena, processes
  • people, groups of people, etc.
  • spheres or areas of people's lives
  • internal state of a person
3. the motive for activity can be:
  • needs
  • social attitudes
  • beliefs
  • interests
  • attractions and emotions
  • ideals
4. the goal of the activity is the formation of a conscious image of the anticipated result towards which the activity is aimed.
5. means of activity can be:
  • material and spiritual tools (objects, phenomena, processes), i.e. everything that, thanks to its properties, serves as an instrument of action.
6. process of activity - actions aimed at realizing the set goal.
7. result of activity - the result (product) that the subject strived for.

Let's look at examples of subjects and objects of activity .

Subject

An object

Scientists are observing the Earth.

A person consciously trains his body, tempers it.

The Ministry of Education in our country controls the activities of all educational institutions in the country.

Ministry of Education

Educational institutions

A coach teaches an athlete to skate.

Athlete

Types of actions (classification according to M. Weber depending on the motives of action)

Type of action

Characteristic

Individual behavior

Targeted

A rationally set and thoughtful goal

Action is directed towards the ends, means and by-products of its actions.

Value-rational

Based on a conscious belief in the value of a particular action, regardless of its success

Follows his beliefs about duty, dignity, beauty, piety, etc. (for example, the captain is the last to leave a sinking ship).

Affective

Caused by emotional state

Action under the influence of passion, the desire to immediately satisfy the need for revenge, pleasure, devotion, etc. (for example, a person in a fit of passion, hatred, anger or inspiration, horror or a surge of courage).

Traditional

Based on long-term habit

An automatic reaction to a habitual irritation in the direction of a previously learned attitude (for example, a peasant goes to the fair at the same time as his fathers and grandfathers).

Let's consider 2 points of view to the question “... is it possible, having set a noble goal, to use dishonest means?”
1. This is how the Renaissance thinker Nicolo Machiavelli answered this question: “The actions of all people, and especially sovereigns, whom you cannot ask in court, are concluded by results, so let sovereigns try to maintain power and win. Whatever means are used for this, they will always be considered worthy and approved, for the mob is seduced by appearances and success.” He believed that in order to achieve a goal, one can deceive, “if necessary, do not shy away from evil.”
2. There is another point of view: to achieve a noble goal, not any measures are suitable, but only noble ones. A good goal cannot be achieved by unworthy, unkind means. Unkind means lead to the fact that the result differs significantly from the goal: it also becomes unkind. The centuries-old experience of mankind convinces us of the validity of these conclusions. Let's complete online tasks(tests).

Results of intellectual activity

The results of intellectual activity as objects of civil rights are enshrined in Art. 1225 of the Civil Code of the Russian Federation. Unlike physical labor, the result of which is usually things, intellectual activity is the mental (mental, creative) work of a person in the field of science, technology, literature, art, culminating in the creation of a new, creatively independent result in the field of science, technology, literature or art.

The results of intellectual activity can become objects of legal relations only when they are clothed in some objective form that ensures their perception by other people.

The result of intellectual activity is its product expressed in objective form, called, depending on its nature, a work of science, literature, art, invention or industrial design. Each of these results has its own special conditions for their protection and use, as well as for the exercise and protection of the rights of their authors. However, they all have a number of common features.

  • Firstly, the results of intellectual activity, unlike objects of property rights, are of an ideal nature. Works of science and technology are certain systems of scientific and technical concepts or categories. Literary and artistic works represent a system of literary or artistic images. Of course, these categories and images are designated, expressed by letters, numbers and other signs, symbols, visual or audio means, and often exist on certain material media (paper, film, stone, canvas, etc.). However, this does not make them themselves cease to be ideal objects.
  • Secondly, law cannot directly influence the thought processes occurring in the human brain. The processes of mental activity remain outside the scope of legal norms. Nevertheless, the law is able to positively influence this process by developing legal forms for organizing scientific, technical and other creative activities and establishing in legal norms the conditions for the protection of its results.

The ideal nature of the results of intellectual activity does not at all indicate its insignificance or isolation from the production of things necessary for people and other values ​​of human society. After all, it is the objectively expressed result of intellectual activity that can participate in economic turnover, be accessible to legal regulation, and represent a specific product - intellectual property. The modern trend is that the results of intellectual activity are increasingly acquiring the features of a commodity - a product of intellectual labor created to function on the market.