Smirnova V.M. Legal Nature of Specification of Choreographic Works in the Modern Russian and Foreign Copyright

Abstract: Author of the article notes that the right to use the work in the system of exclusive right has a special place. Such a method of choreographic works as its specification is considered. The most common methods of using choreographic works include the reproduction and distribution of works, public performance, the right to broadcast and alteration of works. It is noted that as a result of alteration of the work is a derivative of the original, which is the basis for the recognition of it as a new subject of copyright. The same legal regime of derivative works exists in foreign countries. The author focuses his attention to that currently the most common concept in the field of choreographic art is its revision. A combination of methods of knowledge, the basis of which amounted to a systematic and dialectical approaches, as well as formal-legal, comparative legal, structural and functional were used. The author concludes that the concept of "edition of choreographic works" in civil law and in the choreography is not unique; it often has different sense and content. The feature of specification applied to the choreographic art is the need of reference of "editorial choreographic works" to it, in the framework of which the creation of a new object of copyright – derivative is made. It is concluded that the main role in the specification of choreographic works plays a material form of fixation of choreographic works, which allows to save and protect them from the voluntary and involuntary specification.

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