Immaterialgüter- und Wettbewerbsrecht
Innovative Models for Multi-Territorial Licensing of Musical Works for Online Use: An Answer to the Fragmentation Problem?
Online distribution of music in the form of streaming and download services has largely replaced analog distribution via records and CDs. Already more than 20 years ago, collective rights management organizations (CMOs) attempted to develop a new model of reciprocal representation agreements (RRAs) seeking to replace classical territorial licensing by multi-territorial licensing. The goal was to offer users a “one-stop shop” allowing them to use works on the Internet without territorial restrictions based on a single license. Yet, despite various attempts by the EU to enable multi-territorial licensing, the system has become more fractured and complex than ever. The thesis explores ways in which the major causes of fragmentation can be overcome on the EU level to optimize the licensing system.