On the Issue of the Free Use of Works Located in a Public Place

The article examines the criteria for the permissibility of the free use of works of art and architecture located in places open to the public, from the point of view of maintaining a balance between the interests of society and the copyright holder. The subject of the study is a comparative analysis of the limits of fair use of a work posted in a public place in Russian legislation and the law of France, the USA and Japan. It is concluded that in Anglo-Saxon law, the court establishes a balance of interests, determining the admissibility of the priority of private interest over the author's right. The French legal system puts the interests of the author before the public interest, and any exceptions to the author's monopoly right are legally limited. Japanese law allocates ownership of the original work of art, limiting the limits of the owner's control over the tangible object. When determining the permissible application of criteria for the free use of individual parts of a landscape garden.