Tschmuck (2009)
Contents
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?: | No |
Government or policy study?: | No |
Time Period(s) of Collection: |
|
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 reflect upon their protective copyright legislation and replace it with laws that notonly formally award the moral and financial rights to the creative personnel but also restrict the potential expropriation of intellectual property rights by contracting terms. Otherwise the creative potential of the music industry, which emerged within the digital revolution, will not completely unfold and will be restricted by the then powerful ‘new’ music majors.
Coverage of Study
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 |