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


ISBN13: 9783662597019
Published: September 2020
Publisher: Springer-Verlag
Country of Publication: Germany
Format: paperback (Hardback in 2019)
Price: £129.99
Hardback edition , ISBN13 9783662596982



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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

Subjects:
Media and Entertainment Law, IT, Internet and Artificial Intelligence Law
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