Title: Will the CRM-directive succeed re-aggregating the mechanical reproduction rights in the Anglo-American music repertoire?

Authors: Emilie Anthonis

Addresses: Bruxelles, Belgium

Abstract: Music publishers representing the Anglo-American repertoire withdrew the mechanical rights from collective management after the Commission Recommendation of 18 May 2005 on collective cross-border management of copyright and related rights for legitimate online music services, which - contrary to its objective - is deemed to have made the clearance of online rights in music even more complex for users by adding an extra layer of intermediaries. This paper looks at the positioning of different stakeholders on the issue and questions whether the CRM directive is likely to bring the withdrawn rights back to collective management. Market led solutions and possible review of substantive copyright are also touched upon.

Keywords: cross-border licensing; online music; musical works; collective management organisations; CMOs; music publishers; mechanical reproduction; public performance rights; stakeholder positioning; EU Collective Rights Management Directive; Directive 2014/26/EU; distribution practices; copyright; intellectual property rights; IPR; music rights; digital music; Anglo-American music repertoire.

DOI: 10.1504/IJIPM.2014.070736

International Journal of Intellectual Property Management, 2014 Vol.7 No.3/4, pp.151 - 163

Received: 23 Nov 2014
Accepted: 01 Apr 2015
Published online: 22 Jul 2015 *

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