The Communication to the Public of Musical Works Online in the European Unions Legislation

This book offers an in-depth analysis of EU copyright legislation and the evolving jurisprudence of the Court of Justice of the European Union (CJEU) to assess whether the current legal framework provides adequate protection for the right of communication to the public in musical works. It critically examines whether EU law strikes a fair balance between the interests of rightsholders, online music service providers, and users.

Technological innovation over the past two decades has dramatically reshaped the music industry and challenged traditional copyright norms. The emergence of digital distribution platforms and music streaming services has made it imperative to rethink how the right of communication to the public is protected in the online environment. In response, the EU introduced a series of reforms aimed at modernizing copyright rules for the Digital Single Market. But how effective are these measures? And do they truly reflect the diverse interests at stake?

This comprehensive volume explores both the international and EU legal frameworks governing the right of communication to the public. It offers a detailed interpretation of relevant legislation and landmark case law, with a particular focus on the controversial liability regime established by Article 17 of Directive 2019/790. The book also addresses enforcement challenges, including cross-border issues of jurisdiction and applicable law.

Beyond legal analysis, the book proposes thoughtful, practical solutions to help create a more equitable digital music ecosystem. Written in a clear and accessible style, it demystifies complex legal concepts for a broad readershipincluding IP lawyers, music creators, platform operators, policymakers, and informed users.

Offers an illustrative overview of the complex right of communication to the public in the music field within the EU Conceptualizes the communication to the public right to achieve a fair balance between creators, platforms and users Provides an in-depth analysis of the specific right of communication to the public in online musical works in the EU

Autorentext

Dr. Lidia Ballesta Martí is a Lecturer in Law at the Autonomous University of Barcelona (UAB), specializing in European Union Law, with particular expertise in copyright law, the Digital Single Market, gender equality, and anti-discrimination law. She holds a PhD in International Law and a Master's degree in European Integration.

In addition to her extensive academic background, Dr. Ballesta Martí brings over a decade of professional experience as a lawyer and copyright legal manager in the music industry.

Inhalt

Part I - International Legal Framework of the Communication to the Public Right in Musical Works.- Chapter 1 - Defining Concepts of Copyright and Communication to the Public Right through the Applicable International Legal Framework.- Part II - The Right of Communication to the Public on Online Music in the European Union's Copyright Law.- Chapter 2: Fundamentals of the EU Copyright Law.- Chapter 3: The Right of Communication to the Public of Musical Works Online in the EU Copyright Law.- Part III - Liability and Enforcement of Infringements of Communication to the Public Right in Online Music.- Chapter 4 : The Directive 2019/790 on Copyright in the Digital Single Market.- Chapter 5: Enforcement of Communication to the Public Right.- Chapter 6 : A Proposal for a Streaming Levy for Communication to the Public acts of Musical Works Online : Striving for a Fair Balance.- Bibliography and References.