Relevant bibliographies by topics / Authors' rights ; copyright ; online music

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Authors' rights ; copyright ; online music'

Author: Grafiati
Published: 4 June 2021
Last updated: 7 February 2022

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Journal articles on the topic "Authors' rights ; copyright ; online music"

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Beckman, Sydney A. "The Copyright Crusher." 2013 Fall Intellectual Property Symposium Articles 1, no. 4 (March 2014): 901–20. http://dx.doi.org/10.37419/lr.v1.i4.4.

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Authors of original works (such as music, books, et cetera) have certain exclusive rights including, but not limited to, the reproduction of copyrighted works in copies and the preparation of derivative works. Apple’s iTunes is a vehicle for infringement. The conversion of compact discs (“CDs”) to a compressed format for portable music players such as iPods, iPhones, iPads, and computers violates a copyright holder’s exclusive rights. This Article discusses the fundamental issue of copyright protections, the way iTunes facilitates the infringement of these rights, and the legal liability of Apple for creation of this software.
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Utkina, M. S., and A. I. Holovach. "EXPERIENCE OF FOREIGN COUNTRIES AS TO PROTECTION AND DEFENDING OF AUTHOR’S AND RELATED RIGHTS ON MUSICAL COMPOSITION." Legal horizons 33, no. 20 (2020): 53–57. http://dx.doi.org/10.21272/legalhorizons.2020.i20.p53.

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The modern European mechanism of author’s relations was defined in the article by authors. It was determined the achievements of European legislation on the convergence of legal and digital realities. The article deals with copyright issues on the Internet. The current state of development of the domestic music industry plays an important economic role. This is due, first of all, to the fact that the given sphere can generate a large part of incomes. Musical works accompany us in our daily lives. In particular, in most places on the streets music can be heard. However, the issue arises as to the legality of the use of the institution of this musical work, in particular the issue of infringement of the rights of authors and performers of such copyright and related rights. The era of the digital single market has the potential to distribute and scale to any work: the artist records his work, and furthermore, his work gains an unlimited number of listenings to an unlimited number of users. It is quite understandable the desire of the authors and performers to earn income from the music, but minimizing the number of reproductions of their work. It is for this reason that the question of finding the optimal and effective means of the legal protection of a work of music as an object of copyright and related rights is being updated, due to the need to align the national legal framework with the provisions of the legislation of the countries of the European Union. The object of the study is public relations, regarding the legal regulation of the protection and protection of a musical work as an object of copyright and related rights. The subject of the research is the legal norms of Ukraine and foreign countries, devoted to the problems of legal regulation of the protection and protection of a musical work as an object of copyright rights and related rights. Keywords: copyright and related rights, music, copyright, royalties.
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Wang, Zhigang, and Mark Wing. "Asymmetry and helplessness: the copyright ecology of online literature writers in China." Queen Mary Journal of Intellectual Property 8, no. 4 (November 2018): 348–57. http://dx.doi.org/10.4337/qmjip.2018.04.05.

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The gradual increase in the output of China's online literature industry and strengthening of the copyright development chain has yet to result in any standardization of copyright management. This article provides an analysis of discrimination against online literature writers, as their writing is usually considered less creative than conventionally published work. This paper then analyses the rampant piracy and plagiarism plaguing online literature in China and the difficulty authors encounter in protecting their rights. After examining this environment, the article discusses the reasons behind the dysfunctional copyright ecology facing online literature writers. It focuses on the position of the online literature platform, namely the potential capital advantage of the platform and associated weakening of the ‘elite’ label applied to certain online literature writers following from the freemium business model. Unclear management from the government is also addressed.
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Karwowska, Anna. "Copyright and the Digital Economy Act." European Journal of Comparative Law and Governance 2, no. 1 (February 17, 2015): 19–36. http://dx.doi.org/10.1163/22134514-00201001.

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Copyright law has undergone significant expansion in order to tackle some of the problems posed by the ease of infringement on the Internet, as can be seen in the Digital Economy Act introduced in the United Kingdom. There must, however, be fundamental changes to the way we think about and enforce artists and authors’ rights if copyright is to make sense and be effective in the developing digital environment. This article gives a comparative view on the issue, taking account of the economic impact of online file-sharing and its cultural implications.
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Herlihy, David, and Yu Zhang. "Music industry and copyright protection in the United States and China." Global Media and China 1, no. 4 (December 2016): 390–400. http://dx.doi.org/10.1177/2059436417698061.

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From the standard economic rationale, music copyright supports the rights of authors and creators to exclude competitors and the public from accessing and copying their works to the extent necessary to provide incentive to recover the investment they made in creating those works. The necessary extent in music copyright is from the interplay of three historical drivers of copyright policy—technology (which makes things possible), the market (which gives rise to consumer demand and companies delivering goods and services to satisfy those consumers), and the law (which determines the rules of the road). Due to differences in cultural traditions and historical developments, these processes have been different for the United States and China. This “In Focus” report briefly explores intellectual property and music copyright in these two countries from an historical perspective, comments on their current state, and reflects on future directions.
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Smith, Kevin L. "Open Access and Authors’ Rights Management: A Possibility for Theology?" Theological Librarianship 2, no. 1 (May 11, 2009): 45–56. http://dx.doi.org/10.31046/tl.v2i1.73.

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Several academic disciplines have begun to understand the benefits of open access to scholarship, both for scholars and for the general public. Scientific disciplines have led the way, partially due to the nature of scholarship in those areas and partially because they have felt the crisis in serials pricing more acutely than others. Theological studies, however, have largely been insulated from the push for open access; considering the reasons for that is the first task of this article. It is also the case, however, that the missionary impulse that stands behind much theological scholarship is a strong incentive to embrace the opportunities afforded by digital, online dissemination of research and writing. After discussing this imperative for global distribution, the bulk of the article focuses on how theological institutions, and especially their libraries, can encourage and support scholars in making their work freely accessible. Copyright issues, including the elements of a successful copyright management program, are discussed, as are some of the technological elements necessary for an efficient and discoverable open access repository. Options for licensing, both at ingestion of content and at dissemination to users are also considered. Finally, it is argued that the role of consortia and professional organizations in supporting these initiatives is especially important because of the relatively small size of so many theological institutions.
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WARFIELD, PATRICK. "John Philip Sousa and “The Menace of Mechanical Music”." Journal of the Society for American Music 3, no. 4 (October 15, 2009): 431–63. http://dx.doi.org/10.1017/s1752196309990678.

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AbstractIn 1906 Appleton's Magazine published John Philip Sousa's most celebrated—and vitriolic—article, “The Menace of Mechanical Music.” In it Sousa predicts that piano rolls and recordings will end amateur music making in the United States. Modern writers have often condemned Sousa as a hypocrite (the Sousa Band was itself a major recording ensemble) and chastised him for failing to see the cultural and financial benefits of mechanical music. But, in fact, Sousa's article was part of a larger scheme to gain public support for the 1909 copyright revision. It was also just one step in Sousa's lifelong battle for composers' rights, a battle with five distinct phases: (1) the debate over the right of public performance precipitated by the success of Gilbert and Sullivan in the United States, (2) a test of the limits of contractual obligations between performers and managers, (3) the instigation of an international copyright law, (4) the battle over mechanical rights, and (5) the ability of the American Society of Composers, Authors and Publishers (ASCAP) to collect royalties as related to public performance.
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Kumik, Peter. "Digital Rights Management." Legal Information Management 1, no. 2 (2001): 21–23. http://dx.doi.org/10.1017/s1472669600000402.

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It was only three years ago that I was told that publishing valuable digital content on the Internet would not take off for 10 years. Today it is happening all around us with MP3 music files being swapped by our children and market research reports openly passed between business colleagues. The problem is that the intellectual property owners lose control of distribution through publishing content on the Internet – in its raw essence, an unregulated global arena – and then, more often than not, do not get paid for use of a large percentage of their content, This is perhaps the greatest reason why publishers have been unwilling to place valuable content online. Historically low-value content has taken up the vast majority of what we have been able to access online with companies hoping to recoup costs through advertising revenue. The reason is simple; conventional Internet technologies do not have any facilities for enforcing copyright, but the problem is that advertising revenues are dwindling so publishers need to find other ways of generating revenue. We can now look back with a sense of irony at straplines from major technology companies saying “Information at your finger tips”, “Information where and how you need it” as this is exactly what they are now trying to prevent so that they can keep an element of control.
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Landes, William, and Douglas Lichtman. "Indirect Liability for Copyright Infringement: Napster and Beyond." Journal of Economic Perspectives 17, no. 2 (May 1, 2003): 113–24. http://dx.doi.org/10.1257/089533003765888467.

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When individuals infringe copyright, they often use tools, services, and venues provided by other parties. An enduring legal question asks to what extent those other parties should be held liable for the resulting infringement. For example, should a firm that produces photocopiers be required to compensate authors for any unauthorized copies made on that firm's machines? What about firms that manufacture personal computers or offer Internet access; should they be held liable, at least in part, for online music piracy? In this essay, we examine how modern copyright law addresses these questions and we evaluate the resulting system on economic grounds.
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Hossain, Arif. "Basic Concept of Intellectual property Rights (IPRs)." Bangladesh Journal of Bioethics 9, no. 1 (July 3, 2018): 24–28. http://dx.doi.org/10.3329/bioethics.v9i1.37219.

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Intellectual property Rights (IPRs) is protected by different systems of laws. Journals must choose a definitive form of systems. Some Blackwell journals use copyright system and some Blackwell use license from authors. Now a days online journals are using creative common licenses. Under creative common license journals are open access, allowed to download, copy, distribute, and display derivative works with proper attribution to author or owner for noncommercial purpose at a free cost. Education on IPRs will support to comprehend ones rights, professional code of conduct and the doctrine of "fair use" in publication. One cannot do anything with once writing. Researchers, academic, editors and readers must have the basic knowledge on who owns the rights in a publication and what users can do with the publication by law.
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Dissertations / Theses on the topic "Authors' rights ; copyright ; online music"

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Bednarz, Tobias. "Diversity in online music : a European Union debate on cultural diversity and the collective management of authors' rights." Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/33294.

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facilitated the licensing of music to the benefits of right holders and commercial users alike. In the online realm, however, the rationale of the collective administration of copyright has been challenged and its functioning re-configured. At a moment in time where the Internet has made the cross-border distribution of recorded music easier than ever, right holders are yet to find licensing solutions appropriate for multi- territorial online uses. This, in turn, slows down the uptake of legal online music services and prevents the realisation of the Digital Single Market, pursued within the EU. The European Commission has intervened twice, first in 2005 in the form of a non-binding Recommendation, and later in 2008, when it held that the collecting societies' practice of restricting their activities to their respective domestic territory was anti-competitive. Arguably, the contradictory effects of EU action have exacerbated rather than remedied the existing difficulties that cross-border online music services face in clearing the necessary authors' rights. This thesis proposes to re-contextualise this problem around cultural diversity, which is a recurring buzzword in the ongoing debates and which EU institutions are legally obliged to promote and to respect. Despite this seeming acknowledgment of the concept, no sound legal analysis of its scope or its implications for the field of online music has yet been proposed. Pursuing such analysis, this thesis first examines the meaning of cultural diversity under EU law to submit an understanding of it as intercultural pluralism. It then assesses the boundaries of the EU obligation to promote cultural diversity in view of the goals of the UNESCO Convention on the Promotion and Protection of the Diversity of Cultural Expressions. An analysis of the relationship between the two sets of norms suggests interpreting the EU mandate of promoting cultural diversity in light of the scope of the international obligations wherever EU action affects cultural creations. Applied to the context of online music, this novel interpretation implies that cultural diversity is promoted if all groups within the EU (a) have the ability to express their cultural identity through online music; and (b) are in a position to access online music expressing different cultures from within and outside the EU. Cultural diversity thus calls for the licensing regime to be reorganised so that online music services may, in a simple and effective way, clear the rights necessary for the online use of the entire available EU repertoire as well as a diverse foreign and, ideally, the entire worldwide repertoire. Finally, this thesis assesses the current online licensing mechanisms in a practical application of these findings, testing the commonly raised argument that collective rights management promotes cultural diversity and investigating, in parallel, whether the practical consequences of the EU interventions have promoted the diversity of online music.
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Books on the topic "Authors' rights ; copyright ; online music"

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Wahrnehmung von Online-Musikrechten durch Verwertungsgesellschaften im Binnenmarkt. Berlin: De Gruyter Recht, 2008.

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Society, of Composers Authors and Music Publishers of Canada. SOCAN facts: A guide for composers, authors and music publishers. [Don Mills, Ont.]: SOCAN, 1990.

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Wiebe, Andreas, and Leonhard Reis. Rights clearance for online music: Legal and practical problems from the perspective of a content provider and alternative models. Edited by ISPA (Internet Service Providers Austria) and European Parliament. Vienna, Austria: Medien und Recht Publishing, 2014.

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Carter, Robert R. Song rights: Legal aspects of songwriting. Austin, Tex. (P.O. Box 19300, No. 172, Austin 78760-9300): R.R. Carter, 1995.

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Schwenzer, Oliver. Die Rechte des Musikproduzenten: Eine Untersuchung zu den Urheber- und Leistungsschutzrechten und dem Urhebervertragsrecht in der Produktion und Vermarktung von Popmusik. Baden-Baden: Nomos, 1998.

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United States. Congress. House. Committee on Small Business. Music licensing and small business: Hearing before the Committee on Small Business, House of Representatives, One Hundred Fourth Congress, second session, Washington, DC, May 8, 1996. Washington: U.S. G.P.O., 1997.

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Matejcek, Jan. History of BMI Canada Ltd. and PROCAN: Their role in Canadian music and in the formation of SOCAN (1940-1990). 2nd ed. Toronto: J.V. Matejcek, 1996.

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American Society of Composers, Authors and Publishers., ed. ASCAP: The American Society of Composers, Authors and Publishers. New York: American Society of Composers, Authors and Publishers, 2003.

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David, Matthew. Cultural, Legal, Technical, and Economic Perspectives on Copyright Online: The Case of the Music Industry. Edited by William H. Dutton. Oxford University Press, 2013. http://dx.doi.org/10.1093/oxfordhb/9780199589074.013.0022.

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This chapter summarises the cultural, legal, technical, and economic approaches to enforcing copyright. It suggests that rights holders need to rethink their business models in the digital age, such as by concentrating on live performances, rather than simply trying to shore up old business models by criminalising copyright infringement. The link between pervasiveness and persuasiveness is complex and sometimes contradictory. It is noted that online sharing is not identity theft.The Pirate Baychose to embrace the term pirate despite disputing almost everything else being claimed by the recording and film industry lobbies about online sharing. The asymmetrical architecture of the Internet makes circulation easier than regulation. The Internet makes every computer an infinite copying machine and one hard to disconnect from every other. The music industry has been hit first and hardest by online sharing, and reveals the clearest signs of successful adaptation.
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US GOVERNMENT. Music licensing and small business: Hearing before the Committee on Small Business, House of Representatives, One Hundred Fourth Congress, second session, Washington, DC, May 8, 1996. For sale by the U.S. G.P.O., Supt. of Docs., Congressional Sales Office, 1996.

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Book chapters on the topic "Authors' rights ; copyright ; online music"

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Leška, Rudolf. "Sync That Tune! The Role of Collective Management of Rights in Film Production and Distribution." In Springer Series in Media Industries, 273–90. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-44850-9_16.

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Abstract Whenever a film is produced and distributed, a license to use the music and sound recording may be needed. While the film producer usually owns the copyright in the film and underlying works or actors’ performances, responsibility for the clearance of rights in music and sound recordings remains largely on the shoulders of users (broadcasters, cinema operators, VOD platforms). They usually need to get a license through a CMO or directly from the rightsholder. In the case of musical works, the procedures are largely standardized, mainly in offline use. When it comes to licensing the rights for cross-border use online or when phonogram producers and performers are involved, the licensing situation becomes messy which introduces significant uncertainty into the market. Instead of advocating state regulation, the author pleads for the development of cross-border industry standards and procedures, good practices and reciprocal agreements between CMOs to be developed in a collaboration of global organizations representing rightsholders.
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Rosati, Eleonora. "Article 15—Protection of Press Publications Concerning Online Uses." In Copyright in the Digital Single Market, 250–94. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858591.003.0016.

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This chapter explores the protection of press publications concerning online uses, which is outlines in Article 15 of Directive 2019/790, the European copyright directive in the Digital Single Market. It talks about publishers of press publications established in a Member State with that have the rights for the online use of their press publications by information society service providers. It also clarifies that authors of works incorporated in a press publication may receive an appropriate share of the revenues that press publishers receive for the use of their press publications by information society service providers. The chapter describes a free and pluralist press that is essential to ensure quality journalism and citizens' access to information. It examines the wide availability of press publications online that has given rise to the emergence of new online services, such as news aggregators or media monitoring services.
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Hsu, Ti, Weng Wong, Chien-Chih Wang, Yeen Ni Li, Pu Chuan Li, Min Chi Tsai, Yu Kai Tsai, and Sheng Hong Su. "Assessing Empirical Relations of Music Piracy Behaviors with Lifestyle and Internet Self-Efficacy of Taiwan’s Web Users." In Digital Rights Management, 801–16. IGI Global, 2013. http://dx.doi.org/10.4018/978-1-4666-2136-7.ch037.

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Unlike past research on online music piracy with a focus on the economic or the legal perspective, the present study was designed to evaluate Web users’ behaviors related to the music piracy empirically. In light of the newly ratified Copyright Law in Taiwan, the behavioral intentions of Web users towards the music downloading and/or P2P file sharing were studied using a sample of 317 Taiwan’s Internet users. Results indicated that Web users were likely to reduce or modify their behaviors in order not to be in conflict with the new law. Results also showed that methods of music piracy used by respondents had nothing to do with lifestyle, but were more correlated to the Internet self-efficacy. Findings and their implications are discussed and suggestions for future work are offered in this chapter.
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Murray, Andrew. "10. Digital creatives and copyright law." In Information Technology Law, 258–73. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198804727.003.0010.

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This new chapter examines the sometimes fraught relationship between authors, publishers and distributors, and fans. While copyright law protects authors and creators, and while publishers and distributors benefit from either assigned copyright or specific copyright protection of distribution and transmission of content, fans are sometimes ‘shut out’. A flourishing online community of fan creators who produce written fanfiction, remixed music, and fan videos sometimes feel copyright law is designed to keep them at a distance from the creators and characters they love. This chapter examines where the balance should be drawn between copyright protection for original content and the interests of fans and other users in creating non-commercial derivative works. It concludes with a short discussion of computer-generated works as a form of original creation.
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Rosati, Eleonora. "Article 16—Claims to Fair Compensation." In Copyright in the Digital Single Market, 295–300. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198858591.003.0017.

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This chapter talks about claims to fair compensation covered in Article 16 of the European copyright directive, Directive 2019/790. It explains the transfer of a licensed right from a publisher, which constitutes a sufficient legal basis for the publisher to be entitled to a share of the compensation for the use of the work. It also describes publishers, including those of press publications, books or scientific publications and music publications, that operate on the basis of the transfer of authors' rights by means of contractual agreements or statutory provisions. The chapter highlights how publishers make an investment with a view to the exploitation of the works contained in their publications and be deprived of revenues where works are used under exceptions or limitations, such as those for private copying and reprography. It cites several Member States wherein the compensation for uses under exceptions or limitations is shared between authors and publishers.
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Karmakar, Ranjan. "Development and Management of Digital Libraries in the Regime of IPR Paradigm." In Digital Libraries and Institutional Repositories, 261–71. IGI Global, 2020. http://dx.doi.org/10.4018/978-1-7998-2463-3.ch016.

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This article reports the concept of digital library (DL) with its definitions, concept, generic architecture, ethics and librarianship related to DL. DLs are created by Library professionals, publishers, Government initiatives, societies and other higher educational institutions. There are different types of files and file formats are created and stored on DL. For uploading the files, the copyright / IPR issues are involved. As one cannot upload directly someone's file without the permission of that person. In information communication technology (ICT) environment, the Internet and web enables everyone to have access to the e-contents available from anywhere at any time. Due to this, DL creators cannot take it granted to upload them and make them available online. The IPR issues in digital environment plays a key role for identifying and taking permissions from the respective authors / publishers / content creators to upload the digital content. DL and IPR issues are discussed with the digital rights issues.
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Conference papers on the topic "Authors' rights ; copyright ; online music"

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Foroughi, Abbas, Marvin Albin, and Sharlett Gillard. "Issues and Opportunities in Digital Rights Management." In 2002 Informing Science + IT Education Conference. Informing Science Institute, 2002. http://dx.doi.org/10.28945/2481.

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In the wake of the Digital Millennium Copyright Act, of 1998, Digital Rights Management systems are beginning to provide copyright protection for digital content which magazine and book publishers, music companies, software and game producers, and business-to-business participants place online. Creators and providers of digital content are now increasingly able to control end users’ use of, and accessibility to, their products and stand to gain huge profits from this capability. However, as DRM technologies evolve and develop, so does end user concern about restrictions to their access to, and use of, information. The DRM industry will have to provide a balance between fair compensation for the creators of digital content and the rights of end-users to access and use the information they need.
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Matanovac Vučković, Romana, Ivana Kanceljak, and Marko Jurić. "CULTURAL HERITAGE INSTITUTIONS DURING AND AFTER THE PANDEMIC: THE COPYRIGHT PERSPECTIVE." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18312.

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The COVID-19 pandemic has imploded the traditional ways in which creative, cultural and artistic content are presented and consumed. Museums, libraries, archives, and other cultural institutions have been closed in lockdowns all around the European Union, and their content presented and consumed online. This paper will analyse how copyright rules affect cultural heritage institutions (publicly accessible libraries or museums, archives or film or audio heritage institutions) in the digital age. Four recent legal documents at the European level refer to the digitalisation of their collections and the digitised content’s exposure to the public in the Digital Single Market. These are Directive 2001/29/EC, Directive 2012/28/EU, Directive (EU) 2019/790 and Directive (EU) 2019/1024. This paper willfirst analyse how exclusive rights are regulated for authors, other creators, publishers, and producers in the digital age. Those rights need to be respected and exercised effectively by their owners. On the other hand, there is also a public interest, in that digitisation and access to digitised content should be free in cultural heritage institutions. To resolve the tension inherent in this relationship is not easy. The recent rapid change in consumption of creative, cultural and artistic content in the Single Digital Market (due to the pandemic caused by the COVID-19 virus) has triggered the need for swifter digitisation of cultural heritage institutions’ collections. The European legal framework offers some solutions to this need, which will be presented here. It does not resolve the situation generally, but refers to particular issues, such as orphan works, out-of-commerce works, text and data mining and the re-use of public sector information. In general, copyright protection prevails. Nevertheless, the tendencies towards free access grow stronger every day. This paper will analyse how these four directives interact with each other in the effort to resolve the tension between copyright, digitisation and free access to digitised content in cultural heritage institutions. At the end, two ideas for a new balance are presented.
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