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Article

Особенности охраны музыкальных произведений в США

Терентьева Л. В.

The author questions to what extent the current situation with copyright, by the example of protection of music works in the U.S., reflects the philosophical concepts of real value and social value. Considering the following specifics of contemporary copyright law in the U.S.: its similarity to property rights framework, stressing limited fixation of moral rights; lowering the level of uniqueness due to dissemination of "sampled" works; changing the concept of fair use due to the strict regulation of technical protection; presence of many intermediaries not related to creation of product (publishing business, recording business, movies industry) – one can conclude that the intellectual property is becoming increasingly less of a reflection of personality that creates it and also fails to express the idea of social equality.