The Right to Remuneration for the Use of a Musical Work Included in an Audiovisual Work in Public Performance or Communication by Wireless Means or by Wire

The master's thesis is devoted to the study of the legal regulation of the right of the author of a musical work to remuneration as one of the competencies that is part of intellectual rights. The relevance of the study is due to an increase in the number of audiovisual works, primarily of foreign origin. So, in 2018, 4,862,173 thousand rubles were collected for public performance, broadcasting and cable works, while in 2018 the RAO legal service was in the process of 2,380 litigation on disputes regarding non-payment of fees to authors. In this regard, questions often arise about the procedure for the protection of audiovisual works, the applicable law to such relations, as well as the extent to which the rights of authors of works included in the film are protected, including the procedure for applying the rights of the author of a musical work included in the audiovisual, for rewards. The aim of this work is to investigate the features of the right of the author of a musical work used in an audiovisual work to remuneration for public performance or broadcast or cable of such an audiovisual work, identify its legal nature and determine the order and features of its implementation. The study of the structural elements included in the author’s right to remuneration for the use of a musical work included in an audiovisual work, in public performance or broadcast or cable (audiovisual work, musical work, as well as the intended methods of use), is also investigated the law itself is directly considered, taking into account previously obtained data as a result of the analysis of structural elements included in its definition.