Rights Clearance for Online Music
Legal and Practical Problems from the Perspective of a Content Provider and Alternative Models
- 172 pages
- 7 hours of reading
This scientific study, commissioned by ISPA - Internet Service Providers Austria, investigates the main obstacles to efficient rights management for online music and proposes alternatives to enhance the situation. In Part A, the legal landscape of copyright and the framework for online businesses are assessed in selected European countries: Austria, Germany, France, Poland, and the UK. The analysis reveals various levels of fragmentation as significant barriers to effective rights management in the online music sector, including a lack of transparency in rights management, insufficient ownership data, high negotiation and licensing costs, and legal uncertainties stemming from differing regulations across member states. Part B explores potential solutions, such as the establishment of databases and standardization, and strategies to reduce rights fragmentation, including one-stop shops, multi-territorial hubs, and the implementation of a "European passport" as outlined in Directive 2014/26/EU on collective management of copyrights and multi-territorial licensing. Additionally, dual licensing options are discussed to facilitate both commercial exploitation and non-commercial use. Part C concludes with recommendations for suitable business models and necessary changes to the regulatory framework, providing readers with a comprehensive understanding of the complexities surrounding music copyright and rights clearance in the on
