Косплей, ростовые куклы и другие «серые» способы извлечения дохода при использовании части чужого произведения

Abstract

The growing number and increasing diversity of derivative works created on the basis of characters and other parts of works whose copyright holders are other persons require understanding of their new forms. Based on the list of the most common of them compiled by the author of the article, their common features are highlighted and their correlation with the norms of civil legislation and explanations of the Supreme Court of the Russian Federation is given. As examples, performances with the participation of life-size dolls, cosplay, books on creativity with tips on making a recognizable product, as well as architectural and landscape objects that copy famous images are considered. The understanding of character reproduction proposed by the Armed Forces of the Russian Federation is disputed solely as "making an instance". A number of questions are raised about the ambiguity of the interpretation of violations in the above situations and possible ways to eliminate such doubts.