The Licensing of Musical Works Under EU and US CopyrightLaw: A Comparative Analysis
Balamutova, Nataliia (2017-06-20)
The Licensing of Musical Works Under EU and US CopyrightLaw: A Comparative Analysis
Balamutova, Nataliia
(20.06.2017)
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Turun yliopisto
Kuvaus
Siirretty Doriasta
Tiivistelmä
The importance of intellectual property protection has become even more evident with the expansion of the Internet importance and development of digital technologies. Very often the word “property” is associated with words “power” or “authority”. Consequently, the protection of “creations of the mind” has become paramount in the twenty-first century. Copyright is a part of the intellectual property that has a strong influence on economic welfare and prosperity of an author.
Copyright protection is crucial for the existence of musical works because it guarantees the enforcement of rights that are envisaged both in songs and recordings. The comprehension of the nature of musical works’ usage provides us with the better understanding how copyrights in the music industry are exercised, under which circumstances they are violated, and when we need to obtain permission or license for their usage.
The economic nature of copyright law provides the necessary incentive for the musicians to create new musical works that are made available to the public. However, the public should pay remuneration to authors and their representatives for obtaining access to musical works. In addition, the regulation of usage of musical works and obtaining licenses faces new challenges because of the technology revolution that sometimes facilitates the violation of musical works.
Copyright law remains primarily national law despite the attempts of international harmonization. Although pivotal fundamental copyright rules and regulations converge, some of the principles have considerable discrepancies. The goal of this thesis is to show the main differences between protection, regulation and licensing of musical works in the United States of America and the European Union. Despite the handful of universal concepts, the legal traditions of civil law in continental Europe and common law system inherent Anglo-American countries have their peculiarities and distinctions that will be discussed in this thesis.
Copyright protection is crucial for the existence of musical works because it guarantees the enforcement of rights that are envisaged both in songs and recordings. The comprehension of the nature of musical works’ usage provides us with the better understanding how copyrights in the music industry are exercised, under which circumstances they are violated, and when we need to obtain permission or license for their usage.
The economic nature of copyright law provides the necessary incentive for the musicians to create new musical works that are made available to the public. However, the public should pay remuneration to authors and their representatives for obtaining access to musical works. In addition, the regulation of usage of musical works and obtaining licenses faces new challenges because of the technology revolution that sometimes facilitates the violation of musical works.
Copyright law remains primarily national law despite the attempts of international harmonization. Although pivotal fundamental copyright rules and regulations converge, some of the principles have considerable discrepancies. The goal of this thesis is to show the main differences between protection, regulation and licensing of musical works in the United States of America and the European Union. Despite the handful of universal concepts, the legal traditions of civil law in continental Europe and common law system inherent Anglo-American countries have their peculiarities and distinctions that will be discussed in this thesis.