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The Diplomatic Conference on the International Protection of Performers, Producers of Phonograms and Broadcasting Organizations met in Rome from 10 to 26 October 1961.
This book explores whether global music copyright law and the performers’ rights regime (PRR) have been able to improve the economic position of artists, as they were originally intended to. The author investigates whether this regime effectively addresses contemporary issues regarding royalty payments and cover songs in Sri Lankan music, drawing on the empirical findings of a case study she conducted on the Sinhala music industry. She finds that the PRR developed internationally and implemented in Sri Lanka is predicated on a particular view of the role of performers and their relationships with other actors in the music industry; although this view can be found in the USA, UK and India, it does not seem to reflect the established practices and relationships within Sri Lanka’s contemporary music industry. While providing a socio-historical and legal analysis of these differing industrial settings and investigating the manner in which they impact the PRR’s (in)ability to deliver improved economic security for Sinhala singers, the book also offers policymakers recommendations on how to supplement current national copyright law and the PRR in order to provide a secure economic position for music artists in Sri Lanka.
This book deals with a highly topical area: the protection of broadcasters' rights. It is an area in which the World Intellectual Property Organisation (WIPO) has been working to draft a new treaty and has now reached the final stage for conclusion of the treaty. The author analyses the formation and subsequent development of the legislation for protecting broadcasters' rights, and discusses the current legal issues arising out of current proposals at the international and domestic levels to upgrade that protection. The focus of the work is the international protection of broadcasters' rights as well as in the two jurisdictions which are representative of the two-different approaches to protection: Australia and Japan. This volume provides a detailed account of the relevant international treaties and conventions as well as domestic legislation, and provides insightful arguments that present the optimal approach of the future protection of broadcasters' rights. "'This book is an invaluable contribution to our understanding of the issues relating to the protection of broadcasters' rights. The book provides a comprehensive analysis of the protection of broadcasters' rights based on the differing approaches adopted by the common law and civil law systems'." From the foreword by The Honourable Sir Anthony Mason AC KBE CBE.
This book, the third in the series, follows the themes considered in the first two volumes and brings together perspectives on copyright from law, politics, economics, cultural studies and social theory in an effort to forge a truly coherent and meaningful agenda for the future of copyright. It comprises thoughtful, critical and often challenging contributions from an international, multidisciplinary network of scholars.
In Broadcasters’ Rights in the Digital Era, Sakthivel provides a cogent understanding into a hitherto unchartered territory on the applicability of copyright law on the live streaming of 'entertainment content'- an emerging medium of communication. The book examines in exhaustive breadth the scope of broadcasters' neighbouring rights under the copyright regime in the light of technological advancements vis-à-vis authors' right and explores the experiences of EU & USA and then suggests suitable changes to the Indian Copyright regime. Sakthivel employs technological analysis and existence of differential market for different mediums to substantiate the relationship of live streaming and the copyright regime.
This book analyzes regulatory models established in the field of online music distribution, and examines their consistency with the overarching objectives of copyright law. In order to do so, the book takes a deep dive into the provisions of international treaties, EU Directives as well as the German and US copyright systems and case law. It subsequently scrutinizes the identified regulatory models from the standpoint of the copyright’s objectives with regard to incentives, rewards, a level playing field, and dissemination. Lastly, it endorses the improved market-based statutory license as a preferable instrument in the online music field. The book is intended for all readers with an interest in music copyright law. Part I will especially benefit copyright scholars and practitioners seeking in-depth insights into the current legal situation regarding streaming and downloading. In turn, Part II will above all appeal to scholars interested in “law and economics” and in the theoretical foundations of online music copyright. Policy recommendations can be found in Part III.
This Guide seeks to clarify and explain the legal principles enshrined in the copyright and related rights treaties administered by WIPO, and their relationship with policy, economic, cultural and technological considerations. It will be particularly helpful to governments, creators, businesses, the legal profession, academics, consumers and students in all WIPO Member States.
Previous edition, 1st, published in 2001.
The European concern with copyright and related rights -- Object, subject, and duration of protection -- Exclusive rights and limitations -- Rights management information and technological protection measures -- Term extension for sound recordings -- Term calculation for co-written musical works -- Orphan works -- The blessings and curses of harmonization -- The last frontier : territoriality.