Animated Film Artist as a New Audiovisual Author

Abstract

The paper deals with the status of a new author of an audiovisual work: animated film artist. The author analyzes a range of authors of an audiovisual work, considers these legal categories through the prism of foreign experience analysis, doctrinal sources and law enforcement practice. The paper describes the provisions of Art. 1263 of the Civil Code of the Russian Federation, dedicated to one of the types of complex objects of intellectual property rights, namely an audiovisual work. The author considers the legal status of a film artist and concludes that it is necessary to introduce a new subject into a range of authors of the object in question. The paper analyzes foreign experience of Romano-Germanic and Anglo-American legal systems in terms of determining a range of authors of an audiovisual work, in particular a movie and a cartoon. The author draws a conclusion about the relevance of the changes made to paragraph 2(4) of Art. 1263 of the Civil Code of the Russian Federation and cites as an example the positive experience of foreign countries that single out a film artist as one of the authors of the works under study.