Стриминг на лезвии частного и публичного права

Труды по интеллектуальной собственности. 2025. Т. 52. № 1. С. 8–18.

Дейнеко А. Г.

The article discusses various approaches to the legal analysis of streaming, typical for private law and public law sciences. In the field of private law, streaming is considered mainly through the prism of the method of using the exclusive right to an audiovisual or other complex work (video game, TV broadcasting, etc.), which can be both legal and illegal. The issue on the permissible amount of creative contribution of the person, who organized the streaming in the context of the possibility of recognizing it as a reworking, is debatable. In general, many IP law terms developed in the pre-digital era can be applied to streaming with great difficulty.

In addition, the article demonstrates various approaches of judicial authorities to determining the relationship between the concepts of streaming and electronic media products.

Also, from the standpoint of public law, streaming is considered in the context of the 2024 legal novels, which included in the information legislation a new type of prohibited information — trash streams, and supplemented the criminal legislation with a new aggravating circumstance — a public demonstration of criminal actions. These novels are interconnected, but at the same time semantically and logically do not quite fit seamlessly into
public legislation, and also create legal conflicts with certain norms of private law.

In conclusion, the results of the analysis are summarized and some proposals for improving legislation in the field under study are formulated.
 

Keywords: авторское право, информационное право, уголовное право, information law, СМИ, киберпространство, criminal law, cyberspace, переработка, copyright law, audiovisual works, аудиовизуальные произведения, streaming, цифровые платформы, digital platforms, media, стриминг, reworking, trash streams, треш-стримы