Договірне регулювання об’єктів права інтелектуальної власності на виконання

The article provides a comprehensive analysis of the legal regulation of the creation and performance of intellectual property objects within the framework of employment relations. It highlights gaps in legislation and conflicts between labor and civil law norms concerning the payment of royalties to performers. Special attention is given to the creation of theatrical productions and the role of civil-law contracts in regulating relationships among participants in the creative process. One of the key aspects addressed in the study is the issue of children’s participation in performances and the lack of clear legislative guarantees for their remuneration. The necessity of special legal regulation of such relations is substantiated, as current legislation does not provide adequate protection for the rights of minor performers. The participation of children in performances, particularly in theatrical productions, cinema, and other forms of art, is separately examined, underscoring the need for additional legal safeguards for their rights. Additionally, the article explores the licensing of performances, particularly the mechanisms for granting exclusive, non-exclusive, and single-use licenses. The advantages of a licensing agreement over individual licenses are analyzed, enabling the coordination of all terms for the use of performances. A thorough study of the legal regulation of performances in labor and civil-law relations is conducted, which can be further utilized by researchers, legal practitioners, and specialists in the field of intellectual property law, as the creation and performance of intellectual property objects are crucial components of any employment activity. In this context, the legal regulation of theatrical productions is analyzed in accordance with the Law of Ukraine «On Theaters and Theatrical Affairs,» which considers such subjects of the right to a theatrical production as the director, scriptwriter, composer, and theatrical producer, as well as the peculiarities of contract formation regarding their collaboration. Special attention is paid to the legal status of intellectual property rights, which may belong to the producer, director, and performers under contractual agreements. The study emphasizes the impossibility of regulating such complex relations solely through employment contracts and highlights the importance of civil-law agreements.