This paper aims to propose alternative approaches to online copyright management in the music industry. To do so, it first introduces the concept of Web 2.0 and discusses its relevance to online copyright infringement in the music industry. In addition, current legislative framework both at the international and E.U. level is discussed in order to provide the reader with a picture of the current enforcement system. In a number of E.U. Member States as well as outside the E.U., there have been legislative efforts to control copyright infringement online. Graduated response is one of these systems which is adopted and being implemented by a few Member States. However, there have been strong reactions by user groups against this system in that the system threatens individuals’ fundamental rights such as right to privacy, freedom of expression and freedom to access to information. In light of these reactions, this paper argues that the efforts of legislators to introduce stricter measures are futile and limit fundamental rights. This paper suggests that the legislator, instead, should introduce an exemption into the current legislation to protect Internet users who exchange media online for noncommercial purposes. The proposed system allows for a more fair balance between copyright owners’ exclusive rights and the fundamental rights of individuals. On the one hand, it leads to a more liberal online environment where individuals freely and legally exchange copyrighted media; on the other hand it secures the right owners’ economic rights and thus the incentive for creation is still effective.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- A Web 2.0
- Copyright Infringement on the Internet
- C Copyright Infringement Issues of Web 2.0
- Legislative Framework
- A International Agreements
- B E.U. Legislation
- Liability for Copyright Infringement
- A Liability of ISPs
- (a) Direct Liability
- (b) Indirect Liability
- B Liability of Social Network Users
- C Safe Harbor and Fair Use, the U.S. and E.U. Doctrines
- Online Copyright Enforcement & Digital Rights Management
- A Content Filtering
- B Graduated Response - French, Italian, and the U.K. Systems
- (a) France
- (b) Ireland
- (c) Italy
- (d) The United Kingdom
- (e) Other Countries
- (f) The European Union
- Discussion on the Current Online Trends
- A The New Path - From P2P Sharing to Cyberlockers
- B Effects of Online Music Sharing on the Market
- Alternative Methods of Online Rights Management
- A Take the 'Middlemen' out of the Equation
- B Alternative Compensation Methods for Artists & Internet Subscription Levies
- (a) Alternative Compensation Methods as a New Business Model
- (b) Revising the Legislative Framework
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper examines the challenges of managing copyright in the music industry within the context of Web 2.0 and explores alternative methods for achieving a balance between the rights of copyright owners and the rights of individuals.
- The impact of Web 2.0 on copyright infringement in the music industry.
- Analysis of the current legal framework for online copyright enforcement at both international and EU levels.
- Examination of the liability of Internet service providers and social network users in cases of copyright infringement.
- Evaluation of existing technological and legislative measures for online copyright enforcement, including graduated response systems.
- Exploration of alternative approaches to online copyright management that promote a fairer balance between copyright owners' rights and individual freedoms.
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter provides an overview of the growing problem of online copyright infringement, particularly in the music industry, in the context of the evolving nature of the internet with Web 2.0. It highlights the increasing ease of sharing copyrighted content through platforms like social media and the need for alternative solutions to copyright management.
- Legislative Framework: This chapter delves into the legal framework governing online copyright, examining both international agreements and EU legislation. It explores how existing laws and treaties address issues of copyright infringement in the digital environment.
- Liability for Copyright Infringement: This chapter examines the liability of Internet service providers (ISPs) and social network users in instances of copyright infringement. It discusses the concepts of direct and indirect liability and explores the application of legal doctrines like "safe harbor" and "fair use" in different jurisdictions.
- Online Copyright Enforcement & Digital Rights Management: This chapter examines the technological and legislative approaches to combatting online copyright infringement. It discusses methods like content filtering and explores the implementation of graduated response systems in various countries, including France, Ireland, Italy, and the United Kingdom.
- Discussion on the Current Online Trends: This chapter analyzes the shift in online music sharing from peer-to-peer networks to platforms like cyberlockers and explores the impact of this shift on the music industry. It examines the challenges and opportunities presented by these new trends.
- Alternative Methods of Online Rights Management: This chapter explores alternative approaches to managing online copyright that focus on finding a more balanced solution for both copyright owners and individuals. It discusses potential solutions like direct compensation models for artists and the role of internet subscription levies.
Schlüsselwörter (Keywords)
The primary focus of this paper is on copyright management in the music industry within the context of Web 2.0. Key themes include copyright infringement, online rights management, legislative framework, liability of ISPs and social network users, graduated response systems, and alternative compensation methods for artists.
- Quote paper
- Baris Isik (Author), 2011, Web 2.0 & Alternative Methods of Online Music Rights Management , Munich, GRIN Verlag, https://www.grin.com/document/177556
