Theatrical staging is a complex and multifaceted process that combines various art forms to create a live performance that captivates and inspires audiences. Each performance is based on a dramatic text or script, which is brought to life by the skill of actors, directors, set designers and other production personnel.
Acting is the heart of a theater production. Actors put their souls into the characters, conveying their emotions, feelings, and internal conflicts. This requires great skill, discipline and sensitivity, as each performance is unique and inimitable.
The director plays a key role in creating the production, defining the concept, style and interpretation of the play. He or she combines all the elements of the performance into a single whole, working to ensure that every aspect – from acting to music – harmonizes and emphasizes the main idea of the work.
The set design and costumes add depth and atmosphere to the performance. The scenery, lighting, sound effects and costumes help transport the viewer to another time and place, creating the illusion of reality. Each element has its own significance and contributes to the theme and mood of the production.
Music and sound effects also play an important role, enhancing the emotional impact and emphasizing key moments of the performance. They can add dynamics, create tension, or, on the contrary, calm and give the scene tenderness.
When does copyright arise in a theatrical performance?
Article 22 of the Law of Ukraine “On Theaters and Theatrical Business” provides that a theatrical performance is considered created from the moment a decision is made to perform it in public. At the same time, the said law allows for an agreement between the subjects of the right to a theatrical performance to provide for an earlier moment of the emergence of this right. The decision on the readiness of a theatrical production for public performance is made jointly by the director and the theatrical producer, unless otherwise provided by the agreement between them.
In other words, in this part there are no contradictions with the Law of Ukraine “On Copyright and Related Rights” (hereinafter – the Law), since the said law sets forth a general rule stipulating that copyright in a work arises as a result of the fact of its creation. And in the case of a theatrical performance, the moment of creation is determined by the original subject – the creator.
As for copyright registration, it is an additional certification of rights to a specific object, a theatrical performance. A copyright registration certificate can be used by the right holder as evidence in a court dispute or in the commercialization of such an intellectual property object. In other words, the certificate certifies and formalizes that the relevant object exists in a certain form. However, the certificate in question does not have a title-establishing character; it only certifies rights. For state registration of copyright, an entity may apply to the Ukrainian National Office of Intellectual Property and Innovations (hereinafter referred to as “UNIPI”) to file an application for registration, including in electronic form.
Objects of intellectual property rights in the theater:
– dramatic and musical-dramatic works (plays and librettos, operas or operettas);
– scripted works (in theater they are less common than in television or cinema, but a script may be used for a mass event)
– choreographic works and pantomimes;
– musical works with and without lyrics;
– works of painting and scenic art (i.e., the work of a set designer, costume designer, puppet designer, etc;)
– other works.
Who owns the entire production of the play
Unlike a movie (audiovisual work), the owner of property rights to which is the producer, the law does not assign copyright to a theatrical production in general.
A play is a complex work. The rights to use each part of it (literary work, music, scenery, etc.) are transferred to the theater by the author under a separate agreement. If these agreements between the theater and the authors of the play stipulate that the rights to use specific works in a particular production are transferred to the theater for a certain period of time under certain conditions (including financial), this does not mean that the theater is transferred any property copyrights to the entire production. The theater only has a set of rights to use certain works that make up the performance.
Theater administrations should keep in mind that, according to the Law, all property rights of an author (rights to use a work) or a performer that are not included in the contract with him or her are not considered transferred. If the author of a play has not transferred to the theater the right to film the performance and distribute cassettes under the contract, the theater is prohibited from doing so.
The author may also object to any use of his or her name, surname, images, or biography not specified in the contract. The principle of freedom of contract allows for the inclusion of any terms and conditions that do not contradict the law. If the author does not want his or her photo to be used on the theater’s promotional materials, he or she can include this condition in the contract. If the theater has such plans, then all this should also be mentioned in the contract. If the main agreement does not contain such provisions, an addendum to the agreement or an additional agreement can be concluded.
What are the peculiarities and conditions of showing foreign licensed performances with the acquisition of rights to them, if the artistic and commercial value of them is the same at a high level?
As long as the work is protected by copyright, you must obtain a permit (license) to show it. The artistic and commercial value of a work are subjective evaluation categories that are not defined by the current legislation and do not affect the granting of legal protection to a work.
In any case, regardless of the artistic and commercial value, it is necessary to conclude an agreement and define all the features and conditions of the display, namely: the terms of use of the work, the amount of monetary payments, the procedure for their implementation, etc.
It is necessary to pay attention not to artistic or commercial value, but to whether the object is protected by copyright, and again, as long as it is protected, property rights to the intellectual property object are in force, so it is necessary to obtain consent to show it.
Thus, copyright in theater covers a wide range of intellectual property related to a theatrical performance. This includes the protection of rights to dramatic works, scripts, music, choreography, set design, costumes, and other elements of the performance. Copyright guarantees authors control over the use of their works, including the right to stage, adapt, publicly perform, and distribute them.
Copyright holders have the opportunity to enter into license agreements that allow other individuals and legal entities to use the authors’ works under certain conditions, which contributes to the development of the theater industry and cultural exchange. Copyright infringement can have serious legal consequences.
In general, copyright in theater plays a key role in protecting the interests of creators, encouraging them to create new works and providing a legal framework for the fair use of their works in theatrical productions.
actor / art / copyright / intellectual property / staging / theater
