Средства массовой информации как юридическая фикция
The article “Mass media as a legal fiction” examines the issues of the doctrinal definition of the concept of "the Mass media" as a form of the periodic distribution of the mass information. Recognizing the inseparability of the mass media (media) as an object of copyright and (or) neighboring rights from its name (title) as a mean of individualization, the author considers the media as an object of intellectual property sui generis, designed as a legal fiction.
In the case of the legal phenomenon of the media, as defined in the Russian Mass Media Law, the legislator deals with the legal fiction, since in reality every single copy of the every single issue exists, for example, a newspaper, but there is no newspaper as a kind of generalized object that encompasses both all previously published and all future issues of this periodical. Moreover, all past and future issues of the same newspaper are united by nothing more than the name of the given media.
Mass Media is defined by the author as a result of the intellectual activity, which has a name as a mean of individualization and the form of a periodical print publication, radio, television, video program, newsreel program, television channel, radio channel, online edition (Internet media) or other form of a periodic distribution of the mass information under a permanent name (title).
The author analyzes in detail the legal nature of the name (title) of the media outlet in comparison with the trademarks, company names and commercial designations. The analysis of the legislation and law enforcement practice allows the author to put forward a number of proposals for legislative adjustment on the Mass Media.