Online Music Distribution - How Much Exclusivity Is Needed?

Online Music Distribution - How Much Exclusivity Is Needed?
Title Online Music Distribution - How Much Exclusivity Is Needed? PDF eBook
Author Nikita Malevanny
Publisher Springer Nature
Pages 438
Release 2019-08-30
Genre Law
ISBN 3662596997

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This book analyzes regulatory models established in the field of online music distribution, and examines their consistency with the overarching objectives of copyright law. In order to do so, the book takes a deep dive into the provisions of international treaties, EU Directives as well as the German and US copyright systems and case law. It subsequently scrutinizes the identified regulatory models from the standpoint of the copyright’s objectives with regard to incentives, rewards, a level playing field, and dissemination. Lastly, it endorses the improved market-based statutory license as a preferable instrument in the online music field. The book is intended for all readers with an interest in music copyright law. Part I will especially benefit copyright scholars and practitioners seeking in-depth insights into the current legal situation regarding streaming and downloading. In turn, Part II will above all appeal to scholars interested in “law and economics” and in the theoretical foundations of online music copyright. Policy recommendations can be found in Part III.

Collective Management of Music Copyright

Collective Management of Music Copyright
Title Collective Management of Music Copyright PDF eBook
Author Qinqing Xu
Publisher Taylor & Francis
Pages 204
Release 2023-04-17
Genre Law
ISBN 100086720X

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Two of the objectives of the Chinese Copyright Law are to protect the copyright of authors to their literary and artistic works and encourage the creation and dissemination of works. In practice, however, in spite of the existence of the Music Copyright Society of China ('MCSC') that was established to assist with exercising copyright, music creators in China remain in need of help to protect and manage their fragmented copyright. The MCSC was the first collective management organisation ('CMO') in mainland China and is the only CMO in the field of musical works. While there is a large music industry and copyright business in China, the MCSC only had 11,356 members at the end of 2021. The third amendment of the Chinese Copyright Law was initiated in 2011 and came into effect in June 2021 after a long debate for almost ten years. The discussion of the third amendment has highlighted the controversial topic of collective management of copyright. This book explores the adequacy of the MCSC as an intermediary representing rights for music creators. The main argument developed in this study is that the work of the MCSC for individual composers and lyricists is hampered by shortcomings in the regulatory regime as well as by a lack of members’ rights to participate in the management of their own rights and by the ineffective international cooperation between the MCSC and other musical CMOs overseas. The analysis is undertaken through a case study approach, comparing the collective management systems of music copyright in China, the United States and Australia and addressing the question of how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory systems designed to limit the misuse of those CMOs’ monopoly, members’ rights in the organisations, and international cooperation between these CMOs. Overall, the main findings of this book suggest that the MCSC in China could work more effectively to protect music creators’ interests. In contrast, although the operational frameworks of the American Society of Composers, Authors and Publishers ('ASCAP') and the Broadcasting Broadcast Music, Inc. ('BMI') in the United States and the Australasian Performing Right Association ('APRA') in Australia are not perfect models, the systems in these two countries may at least provide reference points for potential improvement of the regime of the MCSC. The research recommends three courses of action: strengthening the regulatory design overseeing the MCSC’s monopoly, clarifying the relationship between the MCSC and its members while providing the members with the right to manage their own copyright, and improving the international cooperation between the MCSC and CMOs in other countries.

Seville’s EU Intellectual Property Law and Policy

Seville’s EU Intellectual Property Law and Policy
Title Seville’s EU Intellectual Property Law and Policy PDF eBook
Author Justine Pila
Publisher Edward Elgar Publishing
Pages 773
Release 2022-11-15
Genre Law
ISBN 1788976401

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Carefully authored by Justine Pila, this significantly revised and expanded third edition of Catherine Seville’s classic text, presents a thorough and detailed treatise on EU intellectual property (IP) law, taking into account the many developments in legislation and case law since the second edition.

Exclusive Rights

Exclusive Rights
Title Exclusive Rights PDF eBook
Author Eugene Hertzberg
Publisher AuthorHouse
Pages 141
Release 2011-11-30
Genre Law
ISBN 146786966X

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Bill Gates said, Intellectual property has the shelf life of a banana. No one can deny the fact that intellectual property and its creation, protection, and management, has become a major area of concern for individuals and companies worldwide. Unprotected intellectual property has the shelf life of a banana, or perhaps even less. Intellectual property is inherently in the public domain, unless the government provides legal protection. Protected intellectual property is a valuable exclusive right. This book explores the exclusive rights associated with intellectual property by highlighting issues in copyright law and orphan works, music piracy and the Recording Industry Association of America, patent law and the development of the Segway, patent licensing and litigation between Xerox Corporation and Palm Incorporated, as well as metadata and the role of intellectual property lawyers.

Intangible Cultural Heritage, Sustainable Development and Intellectual Property

Intangible Cultural Heritage, Sustainable Development and Intellectual Property
Title Intangible Cultural Heritage, Sustainable Development and Intellectual Property PDF eBook
Author Benedetta Ubertazzi
Publisher Springer Nature
Pages 392
Release 2022-08-04
Genre Law
ISBN 3031081048

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This book critically analyses the relationships between intangible cultural heritage (ICH), sustainable development and intellectual property rights (IPRs). The author argues that although the use of IPRs to safeguard ICH presents challenges and has impeded sustainable development in some cases, the adoption of these rights on ICH also presents opportunities and, fundamentally, is not contrary to the spirit of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (UNESCO 2003 Convention). The adoption of IPRs on ICH can form an important part of the development of sustainable safeguarding plans capable of benefitting the communities, groups and individuals (CGIs) that create, maintain and transmit such heritage. The book provides a nuanced analysis of the relationship between intellectual property (IP) law and ICH as well as examining the role of IPRs in safeguarding ICH through the lens of sustainable development. It analyses the relationship between IP law and ICH from environmental, social and economic perspectives. These perspectives allow a thorough evaluation of both the positive effects and potential pitfalls of adopting IPRs to safeguard ICH. The book addresses deeper structural matters that refer back to the safeguarding of social and environmental processes underlying ICH.

Billboard

Billboard
Title Billboard PDF eBook
Author
Publisher
Pages 76
Release 2004-04-17
Genre
ISBN

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In its 114th year, Billboard remains the world's premier weekly music publication and a diverse digital, events, brand, content and data licensing platform. Billboard publishes the most trusted charts and offers unrivaled reporting about the latest music, video, gaming, media, digital and mobile entertainment issues and trends.

Scott on Multimedia Law, 4th Edition

Scott on Multimedia Law, 4th Edition
Title Scott on Multimedia Law, 4th Edition PDF eBook
Author Scott
Publisher Wolters Kluwer
Pages 2252
Release 2019-01-01
Genre Multimedia systems
ISBN 1543806767

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