Contractual Relations with Participation of Performers, Producers of Phonograms and Broadcasting Organizations

Abstract

In the creative industry, private interests cannot be satisfied only through their own actions and the realization of their own creative abilities. Coordinated interaction between representatives of creative professions and show business is needed. Various types of contracts are concluded, which do not always relate to the exercise of intellectual rights. The Civil Code of the Russian Federation regulates in more detail contractual relations related to the use of copyrighted works, not paying due attention to agreements with performers, producers of phonograms and broadcasting organizations, which leads to a different interpretation of the legislation in the process of enforcement. Performers, producers of phonograms and broadcasting organizations conclude not only contracts on the disposal of exclusive rights, including assignment agreements and licences, contracts on the distribution of remuneration for use, on the management of rights, including entrusted management agreements and others are possible.The article discusses some types of civil law contracts related to objects of related rights. The author analyzes some contractual relations related to neighboring rights, both named in chapter 71 of the Civil Code of the Russian Federation and not named in it, but occurring in practice. A comparison is made of similar contractual relationships relating to copyright and neighboring rights. It is important to distinguish contracts in the field of services with participation of performers, producers of phonograms, broadcasting organizations from contracts on the exercise of intellectual rights. If in the contracts of the first group special attention deserves the useful effect achieved by the actions of the service provider, then in the second group of contracts, the identity of the copyright holder as a party to the contract and the special characteristics of the result of intellectual activity are of great importance in the performance 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, phonogram producer and broadcaster, its subject and content will depend on it.
For citation: Buzova N.V. Contractual Relations with Participation of Performers, Producers of Phonograms and Broadcasting Organizations. Law. Journal of the Higher School of Economics, 2021, no. 5, pp. 192–214. (In Russ.). DOI: 10.17323/2072-8166.2021.5.192.214.