copyright, music, licensing, territoriality, collective rights management, European Commission, European law
This article tells the story of what could have been an interesting and important shift in our approach to territoriality in the digitalized world. Europe had the chance to be the cradle of an unprecedented copyright experience – the creation of a quasi pan- continental license in the music field – but it might have lost that opportunity in the midst of non-binding recommendations and resolutions. This article argues this loss is due to the overreaching persistence of old paradigms, namely the principle of territoriality.
Santos Rutschman, Ana, Experimenting with Territoriality: Pan-European Music License and the Persistence of Old Paradigms (2009). Duke Law & Technology Review, Vol. 8, 2009.