At one time, Honore de Balzac appealed to society to equate thought with a bale of goods; the appeal was definitely heard, the boundless commercialization of the results of creative activity, which culminated in the universal applause and roar of approval from the crowd was the humiliation of creativity to the creative industry. Unfortunately, the Russian legal order, following the pattern of development of other states, is trying to subordinate the artistic world to the world of commodity producers and the world of consumption. It is very unfortunate that an unsuitable means has been chosen as the legal form of achieving the desired goal – copyright. Copyright, by virtue of its natural properties, has the task of encouraging artistic productivity, creating works that heal people's souls. Under the pressure of administrative levers, intellectuality is replaced by creativity; "artistry" is completely forgotten. This happens in different ways, more often through pressure on creative activity, for example, by refusing to recognize the legal significance of a degree as such, or by influencing the content, or by prioritizing the interests of the commodity market. Everything is subordinated to a single need – the "commercialization of intellectual property", which leads to the oblivion of the real essence of copyright; tools are presented in abundance, in Ray Bradbury's fantasy – fire, in modern activities, for example, incomprehensible rules for issuing and revoking rental certificates for feature films, maximum simplification, primitivization of art objects in order to reach the maximum possible audience, etc. The discussion of the means of saving a civilized, humane essence in intellectual rights is a worthy and necessary topic for discussion; the main goal is to justify the need to return artistry to intellectual law, while rejecting the canonization of creativity.
Location of the event: Yekaterinburg-Expo, Conference Hall 3.5
Event Partner
Museum of S.S. Alekseev
Scientific supervisor:
Artyom Sergeevich Vasiliev, Candidate of Law, Associate Professor of the Department of Civil Law at the USU named after V.F. Yakovlev, Associate Professor of the Department of Property Law at the Ural Branch of the Alekseev S.S. Research Center for Private Law under the President of the Russian Federation.
Questions for discussion
1) Creative industries and copyright (a method of distinguishing the subject of regulation in order to exclude the application of a privileged copyright regime to utilitarian objects resembling creative ones);
2) Assessment of the current state of law enforcement in the context of the importance of the level of creativity (photographs, drawings, substitution of forms of legal protection, etc.);
3) Regulatory withdrawal of rights to the results of artistic activity;
4) Application of the norms of contractual law to relations arising from the results of artistic activity;
5) Methods and methods of ensuring creative rights when correcting mistakes of the legislator (recognition by law of creative activity on the example of theatrical production designers, animators and sound engineers);
6) Protection of personal artistic rights, including denial of such rights to the results of creative and industrial activities;
7) Non-authored objects and the meaning of their existence (discussion of high-tech means of creating works and "screwdriver assembly" of what resembles a work), etc.