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Legal Protection of a Choreographic Work

Student: Darya Gryaznova

Supervisor: Alexey Nazarov

Faculty: School of Law

Educational Programme: Intellectual Property Law in the Digital Age (Master)

Year of Graduation: 2024

The purpose of the final qualifying work is to develop proposals for improving Russian civil legislation in the field of protection of choreographic works, their performances and productions. As a result of the research, the author proposed definitions of “choreographic work” and “part of a choreographic work”, based on an analysis of Russian and foreign doctrine, as well as literature written by choreographers. The author distinguished the features of legal protection that is provided to authors and persons with related rights (dancers, stage directors). The author in the work revealed the significance of fixing choreographic works, and also revealed the content of the most well-known methods and proposed criteria for recognizing the method of fixing a choreographic work as corresponding to reality for the consideration of legal disputes. The author proposed a list of facts that the court needs to examine when considering the issue of the existence of processing (creation of a derivative work. After conducting a thought experiment, the author determined that the rules on citation as a way of freely using works do not apply to choreographic works. The author analyzed and compared Russian and foreign judicial practice, on the basis of which he identified problems of legal regulation. To resolve the identified problems, the author formed additions to the Resolution of the Plenum of the Supreme Court dated April 23, 2019 N 10 “On the application of part four of the Civil Code of the Russian Federation.”

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