Peculiarities of copyright in a theatrical production

The article examines the features of a theatrical production as a work of theatrical artthat is created on the basis of a dramaturgical work (literary, musical, choreographic, orother), has a single idea and a specific title.Ukrainian legislation does not define the composition of the authors of a theatrical production.The study proves that the authors of a theatrical production may include the authorof a dramatic work specially created for a particular theatrical production, directorsand the author of a musical work with or without lyrics specially created for a particulartheatrical production. Given the unequal nature of creative contributions to a theatricalproduction, the belonging of creative contributions to different types of art, a theatricalproduction is a complex work that is characterized by a synthesis of arts. The authors of atheatrical production enter into a co-authorship that is characterized not by the unity ofthe creative process, but by the unity of the result in the form of one coherent work. Despitethe fact that the content of each author’s creativity is different and may belong to differentareas of art, in the end, all these elements are combined in one work.The primary subjects of copyright in a theatrical production are its authors. At thesame time, a theatrical production is often a work for hire created by an employee underan employment contract. Under Ukrainian law, copyright in a work for hire is transferredto the employer from the moment the work is created, unless otherwise provided by contractor law. However, if the producer orders the creation of a theatrical production, copyrightin it shall be transferred to the producer. Thus, the right holder of a theatrical productionmay be determined in different ways.The main way of using a theatrical production is its public performance as presentingit to the public directly through the performance of roles (parts) and other presentation ofartistic images. A public performance is not a form of expression of a theatrical productionthat arises as a result of the creativity of its authors before its public performance, and itsexistence does not cease after the performance is over.The current legislation of Ukraine reflects the specifics of a theatrical production as anobject of copyright only partially, and therefore needs to be improved.