SELECTED ISSUES OF THE COPYRIGHT IN MUSICAL COMPOSITION (PART II.) LEGAL ASPECTS OF PERFOMERS' CHANGES IN THE AUTHORIAL WORK FROM THE VIEWPOINT OF THE SLOVAK AND CZECH LEGISLATION (Slovak title - below)

• Authors: Adamov Norbert
• Languages of publication: SK

Abstracts

EN

(Title in Slovak - 'Vybrane otazky autorskeho prava v oblasti hudobnej tvorby (II. cast) Pravne aspekty zasahov vykonneho umelca do autorskeho diela z hladiska slovenskej a ceskej pravnej upravy'). A performance of authorial piece of work is not only making of its use, but often the interpretation is connected with some interference beyond the author's intentions. Therefore, it is necessary to distinguish between 'the use of the work' as a general term, 'an intervention into the work' as a specific term and 'a processing of the work' as the most specific term. Within the processing of the work, parody has a peculiar position. On the one hand, it must stand in relation to the original work; on the other hand, this relationship is specific in that it more or less fundamentally denies the parodied work and simultaneously, so to speak, parasitizes upon it. In the parody of a musical work one must distinguish two levels: the relation of the reworked text to the original text and the relation of the reworked text to the original musical component. Where the relation of both texts is concerned, the parody might be unambiguously another work which does not devalue the original text, even while being its deliberate deformation, because the original text (as a separable part of the musical work) only creates an association on the basis of so-called gradual semiosis. What is fundamental, however, is that the significance of the new work is changed. In this case authorial legal protection could not be applied against such an encroachment, because only the thought included in the work would be affected.

Keywords

EN

AUTHORIAL WORK; INTENTIONS; LEGISLATION; MUSICAL WORK; ORIGINAL TEXT; PARODY; REWORKED TEXT

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2009
• Volume: 92
• Issue: 5
• Pages: 427-438
• Document type: ARTICLE

Contributors

author

Adamov Norbert

• Norbert Adamov, Ustav hudobnej vedy SAV, Dubravska cesta 9, 841 04 Bratislava 4, Slovak Republic

Identifiers

CEJSH db identifier

10SKAAAA087717