ESR15
Project title: Innovative Models for Multi-territorial Licensing of Musical Works for Online Use: An Answer to Rights’ Fragmentation Problem?
Researcher: Lucius Klobučník
Lucius Klobučník holds an LL.M. degree in general law at the Comenius University in Bratislava, Slovakia and an LL. M. degree in intellectual property law and competition law at the University of Helsinki.
He worked as a paralegal at an international law firm in Bratislava as well as for the Embassy of the Slovak Republic in Finland and the Slovak Innovation Liaison Office in Finland. He is active in an NGO and think tank Slovak Space Policy Association.
Publications: “The Requirement of “New Public” as One of Constituent Elements of Communication of the Copyright Protected Works to the Public in Digital World Under the European Union Law“; and “What are the Main Issues Raised by Space Mining”
Email: l.klobucnik@qmul.ac.uk
Host Institution: Queen Mary University of London; Degree Partner: Universität Augsburg
Objectives:
Current preferences of music consumers demanding constant access to large amount of musical works have resulted in the development of innovative distribution services, such as on-demand music streaming services and multi-sided platforms. These users of copyright protected works face problems of rights and repertoire fragmentation, which result in costly and burdensome rights clearance process as well as inability to navigate the licensing market. In order to provide solutions, incumbent licensing entities and new licensing platforms started engaging in innovative licensing solutions, suited for multi-territorial distribution of musical works in the digital single market. The research will investigate how have these efforts, in connection with legislative developments, reduced the fragmentation of rights problem and in which areas has fragmentation been increased due to these efforts.
While the emergence of new licensing models and increased cooperation between traditional licensing entities (such as collective management organisations – CMOs) has contributed to the promotion of digital single market, balance between interests of right holders and users could not be sufficiently safeguarded. More complicated data processing and revenue streams on the one hand and the need to provide tailor-made licences for different types of users on the other hand pose additional challenges for CMOs in relation to right holders and users, respectively. The research yields a clear account of the degree on which interests of users and right holders are in conflict.
Expected Results:
ESR 15 will analyse whether new licensing models and cooperation platforms between licensing entities are able to address the problem of rights and repertoire fragmentation and contribute to flourishing of innovative music distribution services. The research will further show (i) how the divergent business and licensing models are employed by both licensing entities and users, (ii) which contractual and legislative mechanisms should be promoted in order to stimulate the growth of innovative content providers as well as more efficient licensing models, whilst safeguarding right holders’ interests, and (iii) whether there are potential lessons to be learnt from other (e. g. offline) rights clearance models or online rights clearance models from different jurisdictions.
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