Online Music Distribution - How Much Exclusivity Is Needed?: A Study of International, European, German and U.S. Copyright Systems and Their Objectives ... on Innovation and Competition Book 12)

"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 [United States] 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"--Back cover Front Matter ....Pages i-xxix Introduction (Nikita Malevanny)....Pages 1-5 Front Matter ....Pages 7-7 Relevant Online Music Uses (Nikita Malevanny)....Pages 9-12 Relevant Rights and Their Applicability to Online Music Uses (Nikita Malevanny)....Pages 13-69 Limits to Exclusive Rights in the Internal Relationship Between Original and Derivative Rightholders (Nikita Malevanny)....Pages 71-99 Limits of the Possibility to Exclude (Nikita Malevanny)....Pages 101-183 CRM in the Field of OMD (Nikita Malevanny)....Pages 185-239 Current Regimes of Exclusivity in the OMD Field in Germany and in the U.S. (Nikita Malevanny)....Pages 241-246 Front Matter ....Pages 247-248 Promoting Creation of New Musical Subject-Matter (Nikita Malevanny)....Pages 249-292 Rewarding Rightholders (Nikita Malevanny)....Pages 293-315 Promoting a Level Playing Field Among Rightholders (Nikita Malevanny)....Pages 317-339 Promoting Dissemination of Musical Subject-Matter (Nikita Malevanny)....Pages 341-354 Further Objectives (Nikita Malevanny)....Pages 355-357 Conclusion on Compatibility of Current Regimes of Exclusivity with Regulatory Objectives in the Field of OMD (Nikita Malevanny)....Pages 359-361 Front Matter ....Pages 363-363 Policy Recommendations on Regulating Exclusivity in the Field of OMD (Nikita Malevanny)....Pages 365-393 Conclusion (Nikita Malevanny)....Pages 395-397 Back Matter ....Pages 399-423 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 zlaw and economicsy and in the theoretical foundations of online music copyright. Policy recommendations can be found in Part III