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Browsing by Subject "copyright"

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  • Pastiche in the EU copyright law : Analyzing the development of pastiche as an exception and limitation to copyright in the EU legislation and jurisprudence 
    Kettunen, Petra (2024)
    In this thesis I examine how pastiche has developed as an exception and limitation to copyright in the EU law and how it could develop in the future. The context of the study is remixed artwork and user generated content within the EU copyright. To study how pastiche has evolved in the EU jurisprudence and what improvements scholars have suggested for the EU copyright, I start by examining the legality of remixes and remix culture. It is relevant to understand how pastiche has been defined in law and what definition suggestions legal scholar have mede for its legal definition since the EU legislator has not yet done so. What effects the interpretation and application of pastiche in the EU jurisprudence is the EU legislation such as InfoSoc Directive, CDSM Directive and European Fundamental Rights. As a native, I am interested in how pastiche has presented itself in the Finish law and how it compares to the neighboring Sweden which Finland has shared practically identical copyright law with. To explore how pastiche has been utilized in the EU courts, I have chosen to study the German cases of Pelham and Scorched Earth, the latter being still ongoing battle in the CJEU and the former the first German case where the pastiche plea was successful. The implementation periods of the InfoSoc Directive have a significant effect on how the exceptions and limitations to copyright have been applied by the EU courts. To contemplate how pastiche could evolve in the future legislation I present suggestions of legal scholars on how to improve the EU copyright law. These include reputational harm and the application of trademark infringement. For the latest development in the EU copyright, I present the CDSM Directive Article 17 and how it has affected the liability regime and user generated content on online content-sharing platforms. I examine what benefits pastiche could provide for user generated content and if there are means to avoid the negative effects of automated filtering in the context of user generated content shared online. In the conclusions I present the results of my study and provide my own proposal how pastiche could be defined legally.
  • Systematization of copyright and related rights connected to a phonogram in the context of re-recording a song 
    Järvinen, Aino (2024)
    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.

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