Co-Ownership of an Exclusive Related Right to Joint Performance in the EAEU, BRICS and SCO States: Comparative Legal Research
Year: 2024
Type: article
Abstract: Introduction: normative regulation of relations arising in connection with the creation of joint performance is constructed patchily in certain legal orders. In turn, within the framework of the triune integration corridor of the EAEU-SCO-BRICS, unified principles have not been formed that would define the rules of interaction between co-performers regarding the creation, use, and disposal of the right to a joint result of performance work. Purpose: to identify and compare the approaches to legal regulation of relations arising in connection with the creation of joint performance in the member countries of the EAEU, BRICS, and SCO. Methods: general scientific methods, including analysis, synthesis, specific historical method, systematic approach, comparative legal, and legal-dogmatic methods. Results: the study has revealed that most of the legal orders of the EAEU, BRICS, and SCO member countries are characterized by a regulatory vacuum or a shortage of rules on joint performance, which is one of the reasons for disputes between members of performing groups. Depending on the presence or absence of norms establishing the regime of joint performances, three groups of approaches implemented in the legal orders of the member states have been identified: an abstinent approach, compensatory approach, institutional approach. The analysis has established that whether the legal system belongs to the Romano-Germanic, Eastern, or Anglo-Saxon legal family does not affect the approach to the regulation of relations between co-performers. However, the fact that the legal order belongs to the post-Soviet legal space and the commonality of previously existing legislation predetermine the similarity of regulatory models. The article proposes a list of legal regime elements that should be defined at the supranational level to create a minimum standard for the protection of the rights of co-performers. Conclusions: it appears advisable to develop a supranational act establishing the legal basis for the regime of joint performances as it would become a catalyst for the development of international cooperation in the field of performing arts; this would also ensure a balance of interests of society, right holders, and users.
Author: E. Yu. Martyanova
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4403433488