Annotation

The paper is devoted to the analysis of the legal regulation of intellectual property in the field of creative industries in the context of digital transformation. It has been established that the existing legal regime, designed to stimulate creative activity, is faced with a systemic duality: excessive protection of exclusive rights can stifle innovation and worsen the situation of the direct creators of works. It is determined that the current norms of the Civil Code of the Russian Federation, including provisions on official works and open licenses, do not fully take into account the economic specifics of the creative sector (the model of "singular" products, the "economy of impressions", high risks and uncertainty of demand), which creates an imbalance between the interests of authors, employers and society. The conclusion is made about the need to adapt legislation to the realities of the creative economy. The expediency of making changes to the current civil legislation regarding the implementation of a special institute for paid open licenses for creative products with centralized collection of remuneration by accredited organizations is substantiated, which will legalize the mass use of works in the digital environment and guarantee that authors receive royalties. It is proposed to supplement the remuneration to the author of an official creative product with a variable part (royalties), which will ensure a fair distribution of income and strengthen incentives for creativity.