Streaming as an Object of Intellectual Property Rights in Russian Law

The article presents the author’s view regarding the definition of the legal nature of streaming as a result of human intellectual activity. The author gives the definition of the phenomenon, identifies its essential features, determines the specifics of creating streams, explains the typology of streams and substantiates its legal significance. In the process of forming the author’s position, a systematic analysis of the provisions of the Civil Code of the Russian Federation was carried out, taking into account the acts of judicial interpretation of the applicable legal norms, as well as the legal positions of Russian legal scholars with doctrinal significance. In the process of forming his position, the author comes to the conclusion that the current legislation of the Russian Federation does not give legal definitions of «stream,» the terms «work» and «creative work,» in connection with which the list of results of intellectual work and means of individualization protected by the state, as given in Article 1222 of the Civil Code of the Russian Federation, should be considered unsettled. A stream created without violating the rights of third parties and in compliance with other requirements specified in the article will have legal protection as a result of human intellectual activity, and the provisions of copyright law of the Russian Federation apply to it. As a basis for the formation of the typology of streams, the author used the dependence of the creation of a stream on the degree of use of the results of intellectual activity of third parties. The author identifies three main types of streams, gives their brief description, revealing significant differences. In the course of the research, the author comes to the conclusion that modern Russian intellectual property law needs to be supplemented and clarified, and the terminology apparatus needs detailed specification.

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