LEGAL PROTECTION OF PERFORMANCE RESULTS WHEN USING MOTION CAPTURE TECHNOLOGIES

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Motion capture technologies are widely used in the creation of audiovisual works and computer games. During the application of these technologies, either the performances of performing artists as objects of related rights, or the movements and facial expressions of people as intangible bene ts protected by the general norms of the Civil Code of the Russian Federation can be used. It is important to understand the quality in which human movements and facial expressions are used, since it depends on which norms of civil law are to be applied. The essence of the legal protection of movements and facial expressions of a person that are not related to the performance of a role, literary or artistic work; circus, variety, puppet show, folklore expressions is based solely on the concept of protecting the personality of this person. If the emotions and thoughts of the character are expressed in the movements and facial expressions of the performer, the meaning of the work, circus, variety, puppet number is conveyed, then the protection of this performance is due to the artistic activity of this person and, therefore, protection is carried out in a di erent legal regime, the regime of related law. The di erent legal nature of the movements and facial expressions used in the creation of an audiovisual work and a computer game determines di erent types of rights that must be respected by manufacturers of such complex objects, and di erent contractual structures that ensure the legitimate use of the abovementioned intangible bene ts. In addition, when creating audiovisual works and computer games, imitations of movements and the performer’s voice can be used. In cases where the use of his voice and movements is not related to his performance, they should be protected as intangible bene ts based on the general provisions of civil law. However, when these objects are associated with the performance of an artist, it is advisable to ensure their protection within the framework of the Institute of Related Rights by including the relevant provisions in Part 4 of the Civil Code of the Russian Federation.