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Vol 24 No 9 Sept/Oct 2019

Book of the Month

Cover of The Anti-Suit Injunction

The Anti-Suit Injunction

Price: £195.00

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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: 9783662596982
To be Published: October 2019
Publisher: Springer-Verlag
Country of Publication: Germany
Format: Hardback
Price: £109.99



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:
Intellectual Property Law, Media and Entertainment 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
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
Futher 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