Towards a fair balance in the digitised music industry : facing the music

This doctoral thesis focuses on the question how the legal framework can contribute to achieving a fair(er) balance between the interests of composing and/or performing musicians and their corporate partners in the digitised music industry. It seeks to contribute to a legal framework that strikes a fair balance between the artistic and commercial interests involved, protects creativity and investment, and is in tune with (digital) reality. The thesis analyses the evolving legal framework as applicable in theory and in practice to composing and/or performing musicians, as well as to their relationship with their primary corporate partners in the digitised music industry, namely music publishers and record companies. On a secondary level, the further grant of rights by those primary corporate partners to third parties is also studied. Hereby, the thesis draws upon an analysis of copyright contract law at the international, European and national level. By way of background, relevant principles of general contract law and the law of unfair B2B contract terms and trade practices are also reviewed. The national laws of Belgium, France, Germany and the Netherlands are analysed against the background of the extensive relevant EU acquis. The existing legal framework and the implementation process of the Digital Single Market (DSM) Directive are evaluated on the basis of the criterion of procedural and substantive fairness. Ultimately, the thesis makes a normative contribution, suggesting both potential avenues for bottom-up change and regulatory measures that may serve a role in balancing the scales between the interests of all stakeholders in the digitised music ecosystem, both in theory and in practice.

Publication year:2022

Accessibility:Closed