Browsing by Author "Järvinen, Aino"

In the thesis phonograms of songs are examined in different contexts to assess how re-recoding of a song is approached in the European Union and Finnish copyright law. Phonogram that is made using a musical work is reproduction of the musical work. On the other hand, phonogram can also be viewed as being a fixation of a performance that has been recorded on the phonogram. In addition, phonogram can be considered as a production and an investment of its producer. Examination of phonogram in different contexts serves in the thesis as a way for systematizing different rights that connect to a phonogram and the relationship between the rights. Systematization of the rights in the European Union and Finnish copyright law context then enables assessment of re-recording a song. In the thesis re-recording of a song includes a performing artist, who has previously recorded a song, making, or participating in making of, a new phonogram of the same song. Re-recording has recently gained attention due to the artist Taylor Swift. It is concluded in the thesis that the right of reproduction provided for authors of musical works is in key role for enabling re-recording a song. This is because using a musical work for making a phonogram constitutes as reproduction of the musical work and is therefore subject to an authorization or prohibition by the author, or other rightholder to whom the author has transferred her copyright. While related rights are provided for performers for fixations of their performances and for phonogram producers for their phonograms, these rights prevent only reproduction occurring by copying the phonogram or the fixation of a performance on it. Related rights provided for performers and phonogram producers do not enable the rightholders to prohibit an artist from making a new performance and creating again any other sounds and fixing those on a new phonogram. It is concluded that an artist, who has copyright or an authorization to use a musical work for making a phonogram and is not contractually obligated to abstain from re-recording, can re-record the song by creating new performance of the musical work and other sounds to it and fixing those on a phonogram. This way copyright enables establishing of related rights.