Open AccessArrange as an object of copyright: concept, essence, protection
Author(s) -
А.А. Buravska
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.67.12
Subject(s) - object (grammar) , dialectic , jurisprudence , computer science , musical , expression (computer science) , legislature , musical analysis , law , epistemology , sociology , political science , artificial intelligence , visual arts , philosophy , art , programming language
The article is dedicated to the study of the problems of legal regulation of arrangements as an object of copyright. The urgency of the issue is due to the increasing demand for the creation of this object of copyright and the imperfection of its legal regulation. The methodological basis of the study consists of a number of general scientific and special scientific methods, in particular, comparison, generalization, dialectical and formal-legal method, as well as systematic and complex analysis. In the article, the opinions of scholars and legislative provisions on arrangements, derivative works and musical works are analysed and based on the analysis the concept of the term "arrangement" is given, and its essential features are defined. Thus, an arrangement is objectively expressed, a creative reworking of another existing work, expressed through sounds and consists of arranging another piece of music (for other instruments or folds), and/or processing its melody for performance on a musical instrument or voice with accompaniment. The essential features of an arrangement are considered to be the following: a creative reworking of another existing work; internal completeness and motivation of the whole; individualisation of the work; an objective form of expression; the need to express the essence through different sounds; and dependence on the original musical work. The article focuses on jurisprudence in the field of disputes related to the infringement of the rights of the author of the original work when performing an arrangement and creating a derivative work. The provisions concerning the means of copyright protection for arrangements are summarised. The state of the law in the field of legal regulation of arrangements and copyright and derivative works, in general, is analysed. Article 1 of the Law of Ukraine "On Copyright and Related Rights" is proposed to be supplemented by the term "arrangement" to be understood in accordance with the above.