Copyright and related rights protection in the music industry

Abstract

The protection of copyright and related rights is not a recent development. International instruments have long recognised the need to protect intellectual property. The Community has also shown its eagerness to ensure that rightholders are adequately protected against the exploits of devious individuals who care for nothing more than to benefit from the hard work of right-holders. Protection, while encouraging right-holders to continue creating further works, must seek to find a balance between the interests of right-holders and the general public. The aim ofthis thesis is to determine whether the protection of copyright and related rights in the music industry is satisfactorily catered for. What transpires is that certain aspects of protection are far from ideal although protection does tend to favour the music industry. Chapter 1 investigates aspects related to copyright and related rights including the essential requisites for musical works to attract protection, registration systems and their benefits, the ways of dealing with conflicts that may arise between band members, the duration of copyright and related rights and arguments for and against the proposal to extend the term of protection for performers and phonogram producers. Chapter 2 considers the rights and limitations of copyright and whether harmonisation has been achieved through the exclusive rights and exceptions. Chapter 3 analyses the protection of technological measures and the relationship between copyright exceptions and the State's intervention as a means of "balancing" the rights of beneficiaries. It also looks at the issue of Digital Rights Management and interoperability and the effects of the former on competition and the extreme measures musicians are resorting to as a response to piracy. Chapter 4 looks at theenforcement of IPRs through cross-border measures as a means of combating physical piracy, which is still very present today despite the proliferation of virtual piracy.