Annotation

The subject of the study is the civil-law regime governing the use of songs in concert activities. The aim of the work is to identify difficulties in the legal characterization of the use of musical works and related protected subject matter in concert activities and to develop ways of addressing them. The methodological basis is a formal legal analysis of Part Four of the Civil Code of the Russian Federation, including amendments effective from 4 January 2026, the legal positions of the Supreme Court of the Russian Federation and the Intellectual Property Court, and scholarly approaches to the issues considered. It is shown that a single concert number may involve rights in a musical work with lyrics, a performance and a phonogram, while recording and subsequent online publication constitute separate modes of use; difficulties arise when determining the rights in the song as a whole and in its musical and lyrical components, and when distinguishing performance from arrangement and a ceremony from a concert. Collective rights management, arrangements and the recording of the repertoire actually performed are discussed. As a solution, a repertoire statement is proposed as a working register matching each protected object with the mode of its use and its legal basis. The scientific novelty lies in systematizing the objective factors complicating the qualification of the use of songs in concerts and in substantiating a practical means of addressing them in light of paragraph 1.1 of Article 1252 and Article 1252.1 of the Civil Code.