Die Rechtfertigung der Leistungsschutzrechte des Tonträgerherstellers

Up to now, there has been no comprehensive acclaim of the basis for protection of phonogram producers' rights. The legislator referred to the "specific technical-organizational effort", which must be protected against unauthorised exploitation. Due to their economic nature, it seems to be appropriate to use economic theory (market failure/incentive theory) as a means of justification for the rights in sound recordings. However, especially US-American scholarship claims that there might be alternative incentives causing investments in sound recordings. The aim of this work is to reveal the interests involved in the production of sound carriers and to examine different protection concepts.