Protection of the phonogram producer as a factor in sustainable development

Abstract

The purpose of this paper is to define the essence of the phonogram producer in the context of sustainable development. The paper uses methods of analysis and the comparative legal method. It has been argued that the phonogram producer has the right to conclude a licensing agreement and not to transfer the physical medium containing the phonogram. However, the medium itself is analogous to the “tradicio” known in Roman law. Thus, it is justified that, under this approach, intellectual property in the form of phonograms would circulate faster and a higher volume of transactions may have a positive impact on economic growth, which is one of the goals of sustainable development.