TO THE ISSUE OF THE CRITERIA FOR PROTECTABILITY OF THEATRICAL PERFORMANCE AS AN OBJECT OF INTELLECTUAL PROPERTY

Abstract

The present study is devoted to the problematic issues of the modern understanding of the essence of a “theatrical performance” as an independent object of copyright, which has the characteristics of an individual protectable composite work. The article analyzes modern approaches to the formation of a single term “theatrical performance” and its differentiation with related terms developed as “theatrical and spectacular work”. The author conducted a systematic analysis of the place of “theatrical staging” in modern Russian intellectual property law, and also identified problematic issues of the multidimensional nature of legal relations within the framework of theatrical activity. In this connection, the article raises the controversial question of who is the person who organized the creation of a complex object, and what legal regime can be applied to such a person. As a result of the conducted research, the author comes to the conclusion that a theatrical production as a complex object of copyright that meets the criteria of protectability must have an appropriate mechanism of legal protection.