Intellectual property in the theatrical art sphere Cover Image

Інтелектуальна власність у сфері театрального мистецтва
Intellectual property in the theatrical art sphere

Author(s): Oleksandra Yavorska, Leonid Tarasenko
Subject(s): Theatre, Dance, Performing Arts, Law, Constitution, Jurisprudence, Sociology of Art
Published by: Національна академія керівних кадрів культури і мистецтв
Keywords: creativity; theater; copyright; art; intellectual property;

Summary/Abstract: The purpose of the article is to analyze theatrical activity as a creative activity aimed at creating objects of intellectual property. Methodology. In the process of scientific research the following scientific methods have been used: dialectical – to identify the basic laws and peculiarities of legal relations that arise in the field of theatrical art; comparative – for comparison of domestic and foreign legislation on theatrical activity; analysis – for the study of legal norms governing relations in the field of theatrical art. The scientific novelty of the work is to determine the peculiarities of the implementation of creative theatrical activity, aimed at the emergence of intellectual property in the theater and the creative personnel of the theater. It was proved the irrationality of the legislative approach, in which the right of the theater to a commercial name arises only if the theater operates as an entrepreneurial entity. The necessity of legislative changes is substantiated, according to which professional creative personnel of theaters has the right to protect intellectual property rights on the results of their creative work in the theatrical art sphere. Conclusions. It is established that during the realization of theatrical activity the objects of copyright (scenarios, musical works, drawings, scenery, etc.) and objects of related rights (performing dances, performing performances, using phonograms, etc.) are used the most often. It is determined that the scenario on the basis of which the performance takes place may be either a new product or a derivative work (in case another dramatic work is processed for a specific stage production). It is proved that the complexity of the delineation of author contributions of certain subjects of theatrical creativity is due to the commonality of their creative work, which is aimed at making one creative result – theatrical production. It is substantiated that the work of the professional creative theater personnel is reduced not only to the fulfillment of a certain labor function, but also leads to the creation of intellectual property objects (objects of copyright and/or related rights).