Composition of authors of advertising as an audiovisual work

Abstract

The article examines the composition of the authors of an advertising as an audiovisual work. Particular, theconcept of advertising is analyzed, it can be embodied in different forms — visual, sound, audiovisual. The main attention is to the analysis of audiovisual advertising. The legislation of other countries (USA, France, Germany) was analyzed, and it was concluded that the list of authors of audiovisual advertising in different countries is determined differently.It was noted that a distinctive feature of audiovisual works compared to other objects of copyright are created, mainly, by a large number of persons, among whom the authors of the work occupy a prominent place.The list of authors of the audiovisual work is given in accordance with the legislation of Ukraine. It is noted that the current Law of Ukraine «On Advertising» does not specify who is the author of the advertisement, but defines the concept of the producer of the advertisement.Attention is focused on the legal nature of an audiovisual work, as a form of advertising expression and an object that includes other objects-elements. Since this work is a complex object, the creation of an audiovisual work takes place in the mode of co-authorship. However, it is stated that the authors of the pre-xisting works included in the advertisement do not become co-authors of the audiovisual work, what included these preexisting works. Therefore, it is important to separate the legal regime of co-authorship and inclusion of a work in the composition of another work.The concept of «collective work» in the USA and France is considered. The term «collective work» does not exist in the legislation of Ukraine. Therefore, the following definition of a collective work is proposed: created as a result of the creative activity of two or more co-authors, which can structurally include a work or works of other persons who are not part of the collective of co-authors but united into a single whole.Taking into account the proposed definition of a collective work, the definition of advertising as a collective audiovisual work is formulated: it is the result of the creative activity of two or more co-authors, which structurally may include a work or works of other persons who are not part of the collective of co-authors but are united into a single whole by synchronization.