Contractual Relations with Participation of Performers, Producers of Phonograms and Broadcasting Organizations
Abstract
In the creative industry, performers’ interests cannot be met solely through their own actions and the realization of their own creative abilities. Coordinated interaction of representatives of creative professions and show business is necessary. In this area, various kinds of agreements are concluded, which do not always relate to the exercise of intellectual rights. The Civil Code of the Russian Federation regulates in more detail the contractual relations associated with the use of works of authorship, without paying due attention to contracts with performers, producers of phonograms and broadcasting organizations, which leads to the problem of double interpretation in the process of law enforcement. Performers, producers of phonograms and broadcasting organizations conclude not only agreements on the disposal of exclusive rights, but also agreements on the distribution of remuneration for use, on the management of rights, and others.The article examines some types of civil contracts concerning
the objects of related rights. Some contractual relations concerning related rights, both those named in Chapter 71 of the Civil Code of the Russian Federation, and not named in it, but occurring in practice, are analyzed. A comparison is made of similar contractual relations concerning objects of copyright and objects of related rights. It is important to distinguish service contracts involving performers, phonogram producers, and broadcasting organizations from contracts for the exercise of intellectual rights. If in the contracts of the first group special attention deserves the beneficial effect achieved from the actions of the service provider, then the second group of contracts the personality of the right holder as a party to the contract, as well as special characteristics of the result of intellectual activity, are of significant importance in the execution of the contract. The user (service recipient) must determine what is of paramount importance to him, since the essence of the contract with the performer, its subject matter and content will depend on this.
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