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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" andin the theoretical foundations of online music copyright. Policy recommendations can be found in Part III.
Sommario
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.
