Online Music Distribution - How Much Exclusivity Is Needed? : A Study of International, European, German and U.S. Copyright Systems and Their Objectives / by Nikita Malevanny.

Format:

Book

Author/Creator:

Malevanny, Nikita., Author.

Series:

Munich Studies on Innovation and Competition, 2199-7470 ; 12

Language:

English

Subjects (All):

Information technology--Law and legislation.

Information technology.

Mass media--Law and legislation.

Mass media.

Conflict of laws.

International law.

Comparative law.

IT Law, Media Law, Intellectual Property.

Private International Law, International and Foreign Law, Comparative Law.

Local Subjects:

IT Law, Media Law, Intellectual Property.

Private International Law, International and Foreign Law, Comparative Law.

Physical Description:

1 online resource (438 pages).

Edition:

1st ed. 2019.

Place of Publication:

Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer, 2019.

Summary:

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.

Contents:

Introduction

Part I

Online Music Distribution: Current Legal Situation

Relevant Online Music Uses

Relevant Rights and Their Applicability to Online Music Uses

Limits to Exclusive Rights in the Internal Relationship between Original and Derivative Rightholders

Limits of the Possibility to Exclude

CRM in the Field of OMD

Current Regimes of Exclusivity in the OMD Field in Germany and in the U.S

Part II

Compatibility of Current Regimes of Exclusivity with Regulatory Objectives in the Field of OMD

Promoting Creation of New Musical Subject-Matter

Rewarding Rightholders

Promoting a Level Playing Field among Rightholders

Promoting Dissemination of Musical Subject-Matter

Further Objectives

Conclusion on Compatibility of Current Regimes of Exclusivity with Regulatory Objectives in the Field of OMD

Part III

Policy Recommendations and Conclusion

Policy Recommendations on Regulating Exclusivity in the Field of OMD

Conclusion.

ISBN:

3-662-59699-7