Difference between revisions of "Tschmuck (2009)"

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Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Tschmuck (2009)
Title: Copyright, contracts and music production.
Author(s): Tschmuck, P.
Year: 2009
Citation: Tschmuck, P. (2009). Copyright, contracts and music production. Information, Communication & Society, 12(2), 251-266.
Link(s): Definitive
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: The author analyses the conditions of the commercialization of music in an industry structure with, and without, a copyright regime, focussing on the comparison between Austrian copyright regime and US norms.
Data Type: Primary and Secondary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: Yes
Literature review?: Yes
Government or policy study?: No
Time Period(s) of Collection:
  • Not stated
Funder(s):

Abstract

This paper explores the impact of the digital revolution on the development of themusic industry. It analyses the conditions of the commercialization of music in an industry structure with, and without, a copyright regime. The paper’s main concernis with the relationship between artists and publishers. The particular influence of the continental European, especially Austrian, copyright regime on the contractual design of publishing contracts and the music industry structure, and their differences from US norms, is discussed.

Main Results of the Study

  • The emergence of a copyright regime strongly depended on the technological chance in the dissemination of music in the late nineteenth century. With the market introduction of records, the music publishers lobbied a copyright legislation and the establishment of collecting societies.
  • The Austrian copyright regime provides the basis for the transfer of exploitation rights without any restrictions on the terms of the pub-lishing as well as recording contract. Although the moral and financial rights are formally granted to the author, the exclusive transfer of the exploitation rights infact expropriates the authors. Therefore, it depends on the market power of the author to be able to defend his or her interests.


Policy Implications as Stated By Author

Legislators should reflectupon their protective copyright legislation and replace it with laws that notonly formally award the moral and financial rights to the creative personnelbut also restrict the potential expropriation of intellectual property rights bycontracting terms. Otherwise the creative potential of the music industry,which emerged within the digital revolution, will not completely unfold andwill be restricted by the then powerful ‘new’ music majors.

Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Green-tick.png
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Green-tick.png
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Green-tick.png
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)
Green-tick.png

Datasets

Sample size: 2
Level of aggregation: Models of protection
Period of material under study: Not stated


Sample size: 2
Level of aggregation: Country
Period of material under study: Not stated