All
 
|
 
 


Legal nature of joint performance
 
PIIS160565900031438-5-1
DOI10.61205/S160565900031438-5
Publication type Article
Status Approved
Authors
Elizaveta Martyanova 
Affiliation: Perm state university
Address: Russian Federation, Perm
Abstract

The artistic complexity and high cultural value of the joint results of performing work imply the need to construct a full and effective legal regulation of the relations that arise between members of the team of performers. The creation of such a legal mechanism is not conceivable without taking into account the multifaceted nature of joint performance, expressed in the layering of the regime of the object of related rights on the labor law regulatory framework, on provisions on the civil legal community.

As a result of the application of the structural and systemic method, the author of the article proposes ways to improve the institution of joint performance, taking into account the triangular legal essence of the results of performing work created by several persons.

As part of the work, the need is substantiated: 1) making changes to Art. 1314 of the Civil Code of the Russian Federation in terms of specifying the circle of members of the group of performers, the legal status of the head of the group of performers and the number of exclusive rights arising; 2) avoiding an excessive number of reference norms to the institution of co-authorship and creating a normative outline that takes into account the artistic and organizational specifics of joint performance, different from the objects of copyright; 3) determining the mode of joint official performance; 4) inclusion in Art. 1314 of the Civil Code of the Russian Federation provisions on the possibility of members of a team of performers using the mechanism of Chapter 9.1 of the Civil Code of the Russian Federation.

 
Keywords joint performance, exclusive related right, group of performers, team leader, stage director, performing artist, conductor.
AcknowledgmentThe study was supported by the Russian Science Foundation grant № 23-78-01002, https://rscf.ru/project/23-78-01002/
Received29.06.2024
100 rub.
When subscribing to an article or issue, the user can download PDF, evaluate the publication or contact the author. Need to register. 
1. Daniel Gomez So You Want To Be an Author: A Comparative Analysis of the Authorial Rights Awarded to Performers. St. John's Law Review. 2020, vol. 94, no. 1. (In Eng.)
2. Khushk A., Zengtian Z., Hui Y., Atamba C. Understanding Group Dynamics: Theories, Practices, and Future Directions. Malaysian E Commerce Journal, 2022, no. 6 (1). (In Eng.)
3. Wong Y. Y., Chow I. H.‐S., Lau V. P., Gong Y. Benefits of team participative decision making and its potential to affect individual creativity. Journal of Applied Social Psychology, 2018, no. 48 (7). (In Eng.)
4. Barboy Yu.M. On theater theory: a textbook. St. Petersburg State acad. theatrical art, 2008. (In Eng.)
5. Volotkovich V.M. Main trends in the development of orchestral performance. Culture of Belarus: realities of our time: collection of scientific works. articles of the XI International Scientific and Practical Conference / N.V. Karchevskaya [and others]. Minsk, 2022. (In Russ.)
6. Gringolts A. On some categories of hired labor (Practical notes). Weekly of Soviet Justice. Moscow, 1923, no. 25–26. (In Russ.)
7. Gruzdev V.V. Civil law communities: concept and types. Journal of Russian Law, 2021, no. 10. (In Russ.)
8. Ivanov N.V. The right to remuneration for official work and official performance // Law. 2017, no. 1. (In Russ.)
9. Institutes of Emperor Justinian: in 4 books; translation from Lat. language in Russian candidate of rights F. Proskuryakov. St. Petesburg, 1859. [4], IV. (In Russ.)
10. Intellectual rights related to copyright: textbook / A.G. Matveev. Ufa, 2019. (In Russ.)
11. Kavelin K.D. Russian Civil Code. Journal of Civil and Criminal Law. St. Petersburg, 1883, book 2. (In Russ.)
12. Kanin I.D. “Sacred art”: the concept of the artistic system of “style simultaneity”, 2012. (In Russ.)
13. Kapustin M.N. Institutions of Roman law. Temporary of the Demidov Legal Lyceum. Yaroslavl, 1880. Book. 23. (In Russ.)
14. Kokina S. Status of the head of a group of performing artists in accordance with Art. 1314 Civil Code of the Russian Federation. Economy and Law, 2011, no. 12 (419). (In Russ.)
15. Commentary on part four of the Civil Code of the Russian Federation (item-by-item) / Gavrilov E.P., Eremenko V.I. Exam, 2009. (In Russ.)
16. Madonova E.N. Socio-psychological features of theatrical conflicts and their prevention: abstract of thesis. ...cand. psychol. Sci. Moscow, 2008. (In Russ.)
17. Martyanova E.Yu. Genesis of the institution of joint execution. Issues of Russian and international law, 2024, issue 14, no. 1A. (In Russ.)
18. Martyanova E.Yu. Civil legal regime of exclusive copyright owned by several persons: dis. ...cand. legal Sci. Ulyanovsk, 2020. (In Russ.)
19. Matveev A.G. The problem of regulating execution as an object of related rights in the Civil Code of the Russian Federation. Bulletin of Voronezh State University. Series: Law, 2020, no. 3 (42). (In Russ.)
20. Russian state law. / N.M. Korkunov; ed. 2. St. Petersburg, 1893, issue 1. Introduction and general part. (In Russ.)
21. Sitdikova R.B., Starostina E.S., Kolesnikova Yu.S., Baryshev S.A., Sitdikov R.I. Problems of the definition of “official result of intellectual activity”. IS. Industrial property. 2022, no. 8. (In Russ.)
22. A collection of laws and orders of the Government, published under the Government Senate. I department St. Petersburg, 1913, no. 45. (In Russ.)
23. Collection of laws and orders of the Workers' and Peasants' Government. 1919, no. 18. (In Russ.)
24. Property in civil law / K.I. Sklovsky; 5th ed., revised. Moscow, 2010. (In Russ.)
25. Tsitovich P.P. Obligations under Russian civil law. Lecture notes. Kyiv, 1894. (In Russ.)

Система Orphus

Loading...
Up