Wednesday, October 24, 2012

Skyline Search for Journals: Common Sense, Accomodation...

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Keyword: Entertainment Law
Location: Internet
Material Type: Journals & Magazines
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Result: Journal of international media & entertainment law

Quotation from source: (table of contents) 

Article: "Common Sense, Accommodation and Sound Policy for the    

     Digital Music Marketplace."

"Introduction
     A. The Source of the Problem
     B. The Source of the Failure
     C. A Different Approach
  I. The Music Industry's Efforts to Preserve the Way
     Things Were, and Their Consequences
 II. A Newly-Created Right, Specific to the Digital Music
     Marketplace, is Needed for Musical Works and
     Sound Recordings
     A. Definition and Scope
     B. Ownership
     C. Authority to Grant Non-Exclusive Licenses;
        Accounting for Royalties Earned
     D. Authority to Grant Exclusive Licenses
     E. Conduct for Which a License Would Be Required;
        Parties Who Would Be Liable
     F. Copyright Infringement Would Not Significantly Impair
        the Market for the Digital Transmission Right
     G. Effect on Other Rights and Other Works
     H. Application of the Digital Transmission Right to
        Over-the-Air Broadcast Radio Stations, As Well
        As to the Web Sites They Operate
III. The Most Efficient and Effective Way to Administer
     of Direct Licenses and Voluntary Collective
     Rights Management
     A. The Advantages of Collective Rights Management
     B. Formation and Regulation of Collectives
     C. Relationship of Collectives to the Rights Holders
        They Represent; and the Right to License
        Transmissions of Particular Works
     D. The Role of Direct Licensing in the Context of
        Collective Rights Management
     E. Treatment of Service Providers; One-Stop Shops;
        Worldwide Rights
     F. License Fees
        1. Category No. 1: Services that charge users to receive
           transmissions of recorded music
        2. Category No. 2: Services that transmit recorded
           music in connection with advertising
        3. Category No. 3: Services that transmit recorded
           music in connection with the sale of goods or
           services other than recorded music
        4. Category No. 4: Services that do not charge users
           for their receipt of digital transmissions of
           recorded music, do not carry ads, and do
           not sell goods or services
        5. Category No. 5: Over-the-air broadcast radio
           stations and the web sites that they operate
        6. Category No. 6: Fees in the context
           of P2P file-sharing
        7. Category No. 7: Fees for individuals
     G. Music Use Monitoring
     H. Suggested Rules for Royalty Distribution
     I. A Period of Transition
Conclusion: Though the End Is Near, the Music Industry
May Not Yet Have Passed the Point of No Return"

  source citation: 

Lincoff, Bennett. "Common Sense, Accommodation and Sound Policy for the  
     
     Digital Music Marketplace." Journal of International Media & Entertainment 
     
     Law (Winter 2008): 1. Academic OneFile. Gale, 2008. Web. 24 Oct. 2012.

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