Criteria for determining derivative intellectual property objects in the music industry

This study investigates the relationship between original and derivative intellectual property (IP) objects in the music industry. The focus is placed on derivative works and adaptations of sound recordings. At the empirical level, the author examines judicial approaches to establishing infringement of original works, specifically: the Structural Test, the Lay Listener Test, and Extrinsic-Intrinsic Test. At the theoretical level, the researchers’ scientific proposals for improving the tests described above are analyzed. It is emphasized that derivative works are assessed based on several criteria, including quantitative, qualitative, objective, and subjective considerations. The author proposes the application of a quantitative test for determining the derivative nature of sound recordings. The study concludes that the derivativeness of a sound recording is established based on qualitative alterations to the original sound recording, and that protection for such derivative objects should be granted contingent upon a substantial technical contribution made by the adapter in the creation of the corresponding object.