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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.
Added to annotated bibliography
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