Now getting in the way of institutions that address (if not solve) the problem of fragmented rights in music.

It is odd, the way that the EU is really absolutely prepared to constantly shake things up, to destabilize the ground under the feet of investors, etc.... and yet cannot seem to accomplish any fundamental reform--such as legislation that would de-fragment the rights in music. To spell out that thought in more detail:

Music is fractured into rights in the music composition, and the sound recording, with rights in the songs and music, the performance rights and the recording rights and the distribution rights and so on all needing to somehow be licensed in order for redistribution to take place. This is a thorny problem, particularly for webcasters who do not fit the old models of performance and recording. So... copyright reform--fundamental reform-- is needed. But... how to do it without creating havoc in established businesses? It is not just that these businesses are influential, but there is a real problem of fairness--these are represent real people whose lives are invested in the current system. Thus reform proceeds slowly, if at all, in the U.S.

On the other side of the ocean, though, a little havoc with the plans of real people seems to be all right. If one is willing to toss established interests aside... why not do fundamental reform? One could come up with a cynical theory--reform that would defragment the rights would *fix* the problem and there might be no further need for a bureaucracy to intervene in that area of the market. But I doubt that that is really in anyone's head. Rather, the theoretical framework in their heads cannot support the idea of ground rules that make the game play smoothly enough that there is little need for oversight. It is not within the realm of possibilities, so why try?

posted by Solveig Singleton @ 9:12 AM | International, Media: Video, Music...

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