RIDA 237 | 07-2013

Doctrine

Online music and related rights: tentative assessment, a decade after the entry into force of the infosoc directive of 22 may 2001

Patrick TAFFOREAU

Code : 237-D1
Keywords :
WIPO Treaties, Catch-up radio, Destination, Distribution right, Communication to the public, Making available, Reproduction (right), Related rights, neighbouring rights, Phonogram, Private copying, Temporary (transient) reproduction, Three-step test, Collective management, HADOPI, Harmonisation, Internet, Cloud, Link (hypertext), Streaming, Downloading, Peer-to-peer, Webradio, blanket, Technological protection measure, music, WIPO, Fixation, ACTA, TRIPS

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Definition of the subject. – Music and law share common concepts, such as harmonisation and transposition. Harmonisation, which is the goal of the European directives, involves approximating national laws so that they do not create distortions. European Union law seeks to be like classical music: no dissonance, unless resolved, no polytonality or atonality. Domestic laws must converge and unite in consonant and harmonious chords. As to transposition, it refers to the transfer from one musical instrument or group of instruments to another. It is an adaptation made necessary by differences between the Member States’ legal systems.

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