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  • Legal Aspects of Relationships during Creation and Use of the Objects of Copyright and Related Rights in the Movie / Cinema Sphere

Legal Aspects of Relationships during Creation and Use of the Objects of Copyright and Related Rights in the Movie / Cinema Sphere

Student: Khunoyan Artur

Supervisor: Vitaly Kalyatin

Faculty: Faculty of Law

Educational Programme: Information Technology and Intellectual Property Law (Master)

Year of Graduation: 2020

The sphere of cinema is one of the largest and most popular industries in the world of spectacles. Films are those unique results of intellectual activity, which, absorbing and accumulating many other objects of copyright and related rights, as a result, turn into a completely new result, unlike any other. A cinematic audiovisual work is a complex and multi-layered result of intellectual activity, which includes many diverse works. In this regard, certain features of the legal regulation of its creation and use arise. In the process of creating a film, a large number of creative contributions of persons involved in the production of the film are combined, so it is necessary to study the process of the emergence of individual objects of copyright and related rights, which will subsequently be combined into one complex object. Ensuring a balance of interests between participants in film production is one of the areas of legal regulation in this area. And besides, it is important to investigate the legal status of actors involved in making films, their rights to the results of intellectual activity used in the film and to the film itself as a whole. In this regard, the purpose of this study is to consider the problems associated with the emergence of objects of copyright and related rights when creating a special kind of audiovisual work - a film. To achieve this goal, a consistent solution to the following tasks is necessary: • Determine the legal nature of the audiovisual work; • Set whether any audiovisual recording is an audiovisual work; • Establish whether the audiovisual work is an independent or dependent (compound or derivative) work; • Analyze the legal status of the director of the film; • Identify the main role of the producer in making the film. Can a producer author a movie? • Identify the features of the contractual regulation of legal relations arising in the process of creating a film; • Determine the role of the copyright contract in the design of the relationship between the producer and the authors of the audiovisual work. The result of the study will be an analysis of the legal status of the director and producer of the audiovisual work. The film as a special case of an audiovisual work is the embodiment of the personality of the director and only he should be the sole author of the film as a whole. In certain cases, the producer may be recognized as the person whose creative work created the audiovisual work, and therefore, its author, provided that he has made a sufficient creative contribution to the creation of the film, and not only exercised financial and organizational control

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