Mitä lähioikeus suojaa?
Avainsanat:
immateriaalioikeus, lähioikeudet, tekijänoikeus, aineettomat oikeudet, suojan kohde, investointiAbstrakti
What is protected by neighbouring rights?
The article concerns the issue of what is the subject matter protected by neighbouring rights according to the Finnish Copyright Act. The question is, more specifically, whether it is possible to find common ground in the fragmented field of neighbouring rights so as to make the judicial circumstances clearer and the system more robust in the changing world. The author starts by explaining the foundations of copyrightable subject matter and other intellectual property rights, the differences between intellectual property rights and ownership, and the importance of the limited scope of intellectual property rights especially in the digitalizing world. After that, the author discusses the disunited field of neighbouring rights to show that there is no similar common ground to that which the other intellectual property rights have. The closest thing to common ground would be the protection of investments in intellectual property. By developing the system of neighbouring rights towards investment protection, it would be possible to get a much clearer and more sustainable model to adapt to technological development.
