Режиссёр-постановщик как субъект интеллектуальных прав: проблемы определения статуса

Вестник Пермского университета. Юридические науки. 2017. № 38. С. 497–507.

Vakhitova Y., Михайлова Н. С.

The present article is dedicated to the study of the status of the stage director as an owner of neighboring right to the execution. For an appreciable length of time the question of the character of the director's rights to the theatrical performance was controversial in national civil law.  To a large extent this situation is due to the fact that the audiovisual work director’s has a copyright. However, the theater director is recognized only as a subject of neighboring right. The nature of stage directors' work in both cases is recognized as creative, but the deficiency of an objective form of the result of intellectual activity becomes the reason why it is impossible to recognize the copyright of the theatrical director for the performance. The legislator adopted a block of amendments to a Chapter 71 of the Civil Code of the Russian Federation, directed at the protection of the stage director’s related rights. In this regard, the analysis of doctrinal views and legislative structures regulating directorial activity is deemed.

Keywords: авторское право, copyright law