Subjects of Exclusive Rights to a Phonogram

In this article, the author analyzes domestic and foreign approaches to identifying subjects potentially related to phonogram producers. In particular, the legal status of a sound engineer as a person directly involved in the creation of a recording is examined and its definition is proposed. The problem of the possession of exclusive rights to a phonogram by several persons jointly is considered. In the course of the research, formal legal and comparative legal methods were used. The author comes to the conclusion that the problem of the lack of a clear list of criteria for identifying a phonogram producer is typical not only for the Russian Federation, but also for other countries. Based on the study of the criteria determining the granting of exclusive rights to a phonogram to various persons, the author concludes that it is possible to grant a sound engineer exclusive rights to a phonogram in cases where the criteria of “initiative” and “responsibility” are met. At the same time, the creative contribution of the sound engineer should be taken into account when determining the exclusive rights to the work and its performance recorded in the phonogram. The author concludes that there are no obstacles in Russian law to the possession of exclusive rights to a phonogram by several persons jointly.