Light & Engineering 34 (3) 2026

Volume 3
Pages 111–117

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Legal Qualification of Stage Lighting as an Independent Copyright Object L&E, Vol.34, No.3, 2026

Articles authors:

Ekaterina A. Sviridova, Daria V. Tropina, Marina A. Skogoreva, Tatiana V. Larina

Ekaterina A. Sviridova, Ph.D. in Low Science, Associate Professor, Department of Legal Regulation of Economic Activity, Federal State Educational Institution of Higher Education “Financial University under the Government of the Russian Federation”

Daria V. Tropina, Ph. D. in Low, Associate Professor, Department of Legal Regulation of Economic Activity, Faculty of Law, Financial University under the Government of the Russian Federation. Her field of scientific interests is the Entrepreneurial law

Marina A. Skogoreva, Ph. D. in Low, Lecturer, Department of Legal Regulation of Economic Activity, Faculty of Law, Financial University under the Government of the Russian Federation. Her field of scientific interests is the civil and business law

Tatiana V. Larina, Ph. D. in Low, Associate Professor, Department of Legal Regulation of Economic Activity, Faculty of Law, Financial University under the Government of the Russian Federation. Her field of science is the civil law

Abstract:

The article provides a legal analysis of the copyright regime of stage lighting in the context of the technological evolution of the performing arts industry and examines the criteria for distinguishing a copyrightable lighting design work from a technical lighting service. The purpose of the study is to identify the legal uncertainty in qualifying stage lighting as a copyright object, caused by the absence in legislation and doctrine of measurable parameters of originality for dynamic and intangible lighting solutions, and to substantiate the possibility of granting them copyright protection. The methodological basis is a comparative legal analysis of judicial practice, doctrinal sources, as well as an interpretation of originality criteria in relation to the physical parameters of light (intensity, spectral composition, modulation frequency, beam direction). It is shown that the current legal doctrine does not operate with the parameters of perception of lighting compositions, and judicial practice demonstrates contradictory approaches: from recognising the lighting designer as an author to qualifying the gaffer's activity as auxiliary, not generating copyright. The article substantiates the possibility of recognising stage lighting as an independent copyright object, provided that the author's creative choice was not dictated exclusively by technical imperatives, and also proposes objective originality criteria. The practical significance lies in the development of clarifications for the Intellectual Property Court, which would eliminate legal uncertainty, ensure protection of the rights of lighting designers, and differentiate creative solutions from technical services in stage art.

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Keywords

DOI: https://doi.org/10.33383/2026-021

Article in RUS:
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