Teaterregi och upphovsrätt : särskilt om skillnaden mellan upphovsmän och utövande konstnärer

Sammanfattning: This study deals with the protectability of stage direction by copyright. According to the preparatory works relating to the Swedish Copyright Act, stage directors will normally fall within the category of interpreters of works, performing artists, rather than creators of works, authors. However, under special circumstances the director can be regarded as an author. The purpose of this study is to clarify the difference between the two categories of copyright protection and to examine the status of the stage director within that perspective.The study, in addition to Swedish and Scandinavian law, also looks at the French, German and US approaches to protection for stage directors. With respect to France and Germany, particular attention has been paid to the distinction between author and performing artist which is manifested in the context of assessing the status of the stage director. In the US no such distinction is made for the purpose of determining the stage director's protection.The comparison between authors and performing artists has shown that among the differences which are often advanced, there is only one of major importance: whereas the author and his work are separable, the opposite applies to the performing artist and his achievement.The director in this regard is similar to the author rather than the performing artist. The product of his effort - the stage direction - can exist independently of the director. It follows that the stage director needs protection which is essentially the same as that enjoyed by the author.