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Posted: January 6th, 2023
IP LAW-Music Industry
Assignment Task
Paper on IP LAW-Music Industry
Word count. 4500-5000 words
Abstract
The primary aim is to approach and provide the reader with simplified overview of,
the most common copyright and neighboring rights that emanate from a musical work, the right holders that can be involved, and the different possibilities right holders have to manage their different rights, focusing in the particularities and challenges of the individual and collective management of copyright and neighboring rights in the music industry,
An overview of the role of the CMOs and main issues faced in regards of competition law To then continue to suggest a series of best practices for CMOS to be perform their role without going against competition.
Covering the following topics:
a. Copyright and neighboring rights in music (all the rights that converge in a single music track (melody, lyrics, phonogram etc.))
b. Right holders in the music industry (Authors/ Composers/phonogram producers/executant artists)
c. Different possibilities to manage music rights (Collective and Individual Management)
d. The CMOs
· Brief introduction on CMOs
· Rationale and roles of the CMOs -Necessary evil for the music industry?
· CMOs and competition law issues (Include some jurisprudence from EU)
Abuse of dominant position
Price fixation
– Best practices for CMOs to perform their role without going against competition law
· Transparency in pricing and decision-making
· Independent audits and oversight
· Fair and reasonable licensing practices
· Open and honest communication with right holders and users of musical works
· Ensuring a level playing field for all right holders and competitors within the industry
Copyright and neighboring rights in the music industry can be complex and involve multiple right holders and different possibilities for management. Collective management organizations (CMOs) play a crucial role in the industry, but must also be mindful of competition law issues. By following best practices such as transparency, fair licensing practices, and open communication, CMOs can effectively perform their role and support the music industry without violating competition laws.
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