Már hallottam valahol? - a zenei átdolgozások aktuális kérdései
The concept of musical déjà vu is quite frequent these days. The question is, have I heard it somewhere before, or is it just a kind of sensory delusion. In this situation, there are regularly cases of willful or unintentional infringement of someone's copyright, which can be complicated to res...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
Szegedi Tudományegyetem Állam- és Jogtudományi Kar
Szeged
2023
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| Sorozat: | Acta Universitatis Szegediensis : forum : publicationes discipulorum iurisprudentiae
4 |
| Kulcsszavak: | Szerzői jog - zene |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/82220 |
| Tartalmi kivonat: | The concept of musical déjà vu is quite frequent these days. The question is, have I heard it somewhere before, or is it just a kind of sensory delusion. In this situation, there are regularly cases of willful or unintentional infringement of someone's copyright, which can be complicated to resolve, both musically and legally, and often lead to a legal dispute that is not easy to understand, even with the involvement of specialists. However, such cases can easily give rise to legal disputes, with the outcome virtually dependent on a professional opinion, given that arrangements are a matter of fact requiring special expertise, despite the fact that opinions are formed in everyone when listening to music. This contradiction, in particular motivated me to demonstrate in this thesis that there is an objective borderline between the carrying out of a licensable arrangement and the carrying out of a musical operation below this level, a dividing line which I assume can be recognised by a person who is not familiar with the music scene. I hypothesise that this borderline can be discerned by a person who is not skilled in the art of music. The reason why I consider it necessary to present the schema that constitutes the results of this thesis is that there is no summary template for determining the adaptation, neither for musicians nor for lawyers, which would facilitate the orientation of musicians in the copyright context and of lawyers in the examination of the disputed work. In the process of my research, I have thoroughly examined the international legal basis as well as the Hungarian jurisprudence in order to get a comprehensive picture of the subject and to facilitate the objectification of the assessment of musical adaptations. |
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| Terjedelem/Fizikai jellemzők: | 433-460 |
| ISSN: | 2560-2802 |