Госдума предоставила режиссерам права на неприкосновенность постановки

С огромной радостью сообщаем, что сегодня, 17 марта 2017 года, в Государственной Думе РФ состоялось третье, заключительное чтение, посвященное охране интеллектуальных прав режиссеров-постановщиков.
Это большое и давно ожидаемое событие в жизни режиссерского сообщества, которое не состоялось бы без напряженной и последовательной работы Председателя Гильдии театральных режиссеров России Валерия Фокина.

По данным ТАСС, Согласно закону, исключительное право режиссера действует в течение всей его жизни, но не менее 50 лет.

МОСКВА, 17 марта. /ТАСС/. «Госдума приняла в третьем (окончательном) чтении поправки в четвертую часть Гражданского кодекса РФ об охране интеллектуальных прав режиссеров-постановщиков.

Как пояснил глава профильного комитета нижней палаты — по госстроительству и законодательству — Павел Крашенинников, «в действующем законодательстве режиссер театра не имеет интеллектуальных прав на публичную живую постановку спектакля». В то же время, признал он, в современном театре режиссер является организатором, объединяющим благодаря своему творческому труду все элементы сценического действия: пьесу, актерское искусство, оформление, звуковое и музыкальное сопровождение.

«На практике нередки ситуации, когда сценические постановки режиссеров активно используются другими, иногда менее известными лицами без их согласия. Или актеры, отправляясь на заработки, прихватывают с собой целые театральные постановки или сцены из таковых, не заключая договоров с режиссером-постановщиком и не выплачивая ему вознаграждения. В итоге интеллектуальные права театрального режиссера оказываются полностью незащищенными», — указал глава комитета.

Принятый закон направлен на усиление охраны смежных прав режиссеров-постановщиков спектаклей. В частности, дается определение постановки спектаклей, выраженной в какой-либо объективной форме, в качестве особого результата исполнительской деятельности. Режиссер-постановщик наделяется личным неимущественным правом — правом на неприкосновенность постановки. Защита этих прав не ограничивается лишь использованием постановки в записи, передачи в эфир или по кабелю, как это имеет место в действующем законодательстве.

В число правомочий, определяющих содержание исключительного права на постановку, включены правомочия публичного исполнения спектакля, в том числе в живом исполнении. Определен момент начала охраны исключительного права режиссера на постановку в зависимости от первого публичного исполнения: с 1 января года, следующего за тем, в котором имело место первое публичное исполнение. Исключительное право режиссера-постановщика действует в течение всей его жизни, но не менее 50 лет.

«Распространяться указанные новеллы будут на постановки, первое публичное исполнение которых будет осуществлено после вступления в силу закона», — пояснил Крашенинников.

По его словам, закон стал результатом совместной работы специалистов в области авторских прав и представителей театральной общественности — известных режиссеров, актеров и руководителей театров, с которыми был проведен ряд рабочих встреч и совещаний. Его принятие, заключил он, позволит «существенно влиять на защиту прав режиссеров, повысить профессиональный статус режиссера-постановщика и качество спектаклей в отечественных театрах», а также будет содействовать развитию в России режиссерского театра.»

Подробнее на ТАСС:
http://tass.ru/kultura/4104104

 

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