Musikrättigheter och musikbranschens avtal - särskilt om oskälighet och tolkning

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen

Sammanfattning: Copyright is a unique right that can contain significant moral and economic values for the authors and performers within the music business. For this reason, vast international collaborations and comprehensive national legislation has led to that these actors works and performances are well protected. Several associations such as STIM, SAMI and NCB has been implemented to avoid the risk of this wide protection becoming an obstacle to the music use and distribution. Their task is to administer the licensing of the use of music under certain conditions. These associations also has a global network of twin organizations which allows music to be a world-wide product that can be used in proper ways and generate income to the authors and performers. This kind of administration does however result in that the extent of the exclusive right decreases. The copyright and the performance rights often act as contract objects since there is major values in them. The most common contracts in the music business is publishing deals, record deals and 360-deals. It's of great importance that the author or performer fully understand the pros and cons of the just mentioned contracts before signing any of them. Through these deals, the author or performer can get support in financial, marketing and recording matters in exchange for a substantial amount of the future incomes from their musical work or performance. Swedish law offers a good protection of the copyright. However, the author and the performer are in most parts left without protective laws regarding the contractual situation. The problem is that they are often are found in inferior positions and the contracts are often filled with unfavorable conditions. No special legislation has been implemented for the creators and performers in these situations, even though the legislature are aware of the problem and even though measures has been taken in other areas where groups often are considered as inferior, such as consumers and employees. The authors and performers are left with 36§ AvtL and general principles of interpretation. Also, the special interpretation principle "specifikationsprincipen" offers a interpretation in favor of the author or performer in some cases, but it's not superior to any of the other principles. The conditions in a music deal can in some situations become so unfavorable that they become unfair. This can be the case if the royalties or other compensations are combined with far-reaching deductions or when an arbitration clause is used to prohibit a inferior from getting a ruling. In some cases, it's possible to adjust the conditions or even make them void. But, like in all contracts, it's always easier to sort out uncertainties and unfavorable conditions before signing them. This is a great reason why all authors and performers should be represented by a lawyer when signing any deal with any music company.

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