El derecho de transformación de la obra musical
The article aims to present an interdisciplinary vision of the problem of the right of transformation of the original musical work and its possible conceptualization as a derivative work. As a result of the scarce treatment on the matter in the consolidated Spanish Intellectual Property Law, conflic...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=9054698 |
| Source: | Misión Jurídica: Revista de derecho y ciencias sociales, ISSN 1794-600X, Vol. 14, Nº. 20, 2021, pags. 100-119 |
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| Summary: |
The article aims to present an interdisciplinary vision of the problem of the right of transformation of the original musical work and its possible conceptualization as a derivative work. As a result of the scarce treatment on the matter in the consolidated Spanish Intellectual Property Law, conflicts often arise when the author of an original composition authorizes its incorporation into a new one, holding the right for his work fully maintain its integrity without suffering impairment or deformation once its exhibition or exploitation has been consented. Within the legal and musicological context, the purpose is to give a transversal approach and to establish objective criteria related to the musical field that, dumped in the mold of intellectual property legislation, manages to provide solutions to the doubts that arise regarding the current and intricate conjuncture of the delimitation in transformations of musical works. The starting hypothesis is the profusion of inaccuracies, the lack of elements that delimit with certainty the variety of concepts that are attributable to the original musical works that may be the object of derived works; as well as the procrastination of the legislator when addressing this very relevant problem. The existing gaps and the lack of studies in both topics are highlighted, both within musicological studies and in the treatment of national doctrine and jurisprudence which are rather scarce, also in relation to comparative law. |
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