Korolev, M.P. Use of creative product for writing parody and its further use

Abstract: The object of studies is use of musical and other creative product in the process of making a parody. The legal norm on the free use of creative product for making parodies (Art. 1274, p.3 of the Civil Code of the Russian Federation) is not sufficiently efficient for the regulation of relations between the authors of the parodies and the authors of creative products used for these parodies. An original creative product plays a significant role in the mechanism of perception of the parody by the public, guaranteeing success of the parody in the course of its economic turnover. As a result of application of the current norm the interests of the authors of original creative products used for making parodies are being abridged. The author used the method of historical analysis of development of parody as a genre in literature and art, as well as analysis of the connection between an original creative products and a parody in the process of perception of the latter by the viewers, readers or audience. Since the legal norm on the free use of creative works for making parodies on their basis is adopted quite recently, there are no scientific evaluations of the relations in this sphere. In the course of evaluation of this issue the author makes a conclusion on the need to pay remuneration to the authors of all creative works, which are used for parodies.

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