Improvement of the Normative and Legal Regulation of Copyright Protection for Authors and Screenwriters in Russia

Abstract

At present, there is a growing demand for screenwriters, which confirms the relevance of this area of activity for creative professionals producing works in textual form, as well as the increasing commercialization of copyright by such individuals through the performance of work under author’s commission agreements and employment contracts. At the same time, disputes often arise regarding the classification of intellectual property results created by this category of individuals as works made for hire. The adoption of the professional standard «Writer» could contribute to resolving this issue. An analysis of the draft of this professional standard in conjunction with the provisions of current legislation suggests that its adoption will not infringe upon the copyright of non-professional writers and screenwriters, but will help define the scope of their official duties and, consequently, facilitate the resolution of disputes over works made for hire. It has also been established that intellectual property legislation does not provide screenwriters with the right to remuneration for public performance or communication to the public by broadcast or cable — the right that is granted to composers as a category of authors of audiovisual works. This creates an imbalance in the legal status of authors of audiovisual works.