CIVIL LAW MECHANISM FOR THE PROTECTION OF RIGHTS TO JOINT PERFORMANCE

The development of the performing arts sector and the multiplication of the number of joint performances, which represent a collective creative act, predetermine the attention of the scientific community and the law enforcement bodies to the procedure for resolving disputes related to creation and use of joint performances. Taking into account the number and type of legal relations in which a member of the collective of performers consists, 2 levels of legal relations are identified: the first level appears as a result of a joint performing work, when a community of persons connected by common law is formed; the second level of the relationship, in which each co-executor consists, is positioned as an absolute legal connection and implies that the legal interest of a member of the collective of performers and the interest of any third party are in confrontation. It is argued that violation of the right to joint performance is possible not only by third parties, but also within the collective of performers. It is proved that the list of appropriate methods of protection is directly derived from the level of legal relations within which the violation occurs. It is determined which situations within the legal community are capable of causing a violation of the rights of a member of the performers’ team, and the ways of protecting the right that performers can use are correlated with them. As a civil law protection mechanism in case of first-level disputes, it is proposed to use: a statement of the requirement to determine the procedure for the co-exercise of the exclusive related right to joint performance; the exclusion of the co-executor from the collective of performers due to a significant violation of their obligations related to the co-possession of the exclusive related right to joint performance; on the non-elimination of obstacles in the use of joint performance; on the recognition of a share in an exclusive related right; on the inclusion in the civil community of the co-owners of an exclusive related right; on the removal (change) of the head of the team of performers.

joint performance, member of a collective of performers, civil law community, method of protecting the right, exclusive related law, co-exercise of an exclusive right, per- former, collective of performers, protection mechanism, subject of the claim

Martyanova E. Yu., Bydantsev A. G. Civil law mechanism for the protection of rights to joint performance. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2025;1(70):180—185. DOI: 10.25683/VOLBI.2025.70.1197.