DOCTRINAL APPROACHES TO THE DEFINITION OF PHONOGRAM PROCESSING

The legal recognition of related rights is relatively recent. To date, many aspects regarding the objects of related rights and their legal nature remain unexplored. The legal protection of phonograms is justified in many respects by economic and investment aspects, since their production involves the organizational and financial contribution of actors. The content of the exclusive right of the phonogram producer includes the possibility of processing the phonogram. Such an order is enshrined not only in domestic law, but also in the law of particular foreign states. Along with this, the legislator does not give an answer to the question of what actions constitute the content of the processing of the phonogram. Law enforcement practice also leaves this issue aside. The research is primarily aimed at studying the theoretical views of scientists on the nature of phonogram processing. The object of the study is the relationship in civil law in the aspect of phonogram processing. The subject of this survey is theoretical approaches to determining the nature of phonogram processing. In this article, the author classifies the main scientific approaches to the definition of phonogram processing, identifies the shortcomings of both broad and narrow approaches to this problem. In this article, based on theoretical assumptions, the criteria that define the boundaries of specific actions, related to the processing of a phonogram are proposed, and the philosophical justification for the processing of a phonogram as a derivative object is also indicated. The philosophical justification is based on the categories of “primacy” and “secondarity”, which are associated, among other things, with the constructions of primary and secondary texts in cultural studies. The author gives his own definition of phonogram processing, based on the theoretical separation of the concepts of “form” and “content” of a phonogram.

derivative phonogram, broad approach, narrow approach, recording format, remix, criterion of creativity, philosophical points of view, initial object, derived object, form and content

Olin E. A. Doctrinal approaches to the definition of phonogram processing. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;4(65):225—228. DOI: 10.25683/VOLBI.2023.65.846.