PROTECTING MUSIC BY COPYRIGHT IN THE EU - What is music and to what extent can it be protected by EU copyright law?

University essay from Lunds universitet/Institutionen för handelsrätt

Abstract: Before the Internet era began, the method that most consumers used to exploit copyrighted musical works such as CDs was based on the physical location of the entity that distributed them. Nowadays, they can be found on different online platforms. The aim of this thesis is to find out what music is, why it should be protected and to what extent it can be protected according to the EU copyright law. The method used to answer the research questions in this thesi is a legal dogmatic method. The thesis considers that, the most common definition for music is organized sound that has the elements rhythm, pitch and dynamics in it. It is protected because the original authors of music deserve to get financially compensated and recognized for their original work. The analysis demonstrates that copyright is protected to a certain extent through Directives, neighbouring rights, and international treaties such as the Bern Convention and the WPPT. Furthermore, the exceptions to copyright protection are highlighted in Article 5 of the InfoSoc Directive, therefore the available forms of protection of music by copyright are suitable to balance the interests of rights holders.

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