Intellectual Property Law

Paper Summary:

This paper explains that the European Union copyright directive, especially as this relates to the music industry, is an attempt at adjustments in intellectual property law; however, it falls short of the all-encompassing clarity required in specific situations, such as certain cases within the music industry, new technological developments, and the Internet. The author points out that the three issues that impact the music industry when mergers between large companies are considered, in terms of competition law, are the gatekeeper, the source, and the path issues. The paper relates that warnings to the effect that piracy protection devices could lead to damaged equipment should be issued not only as a deterrent, but also as a courtesy and acknowledgment of the rights of the public; the industry should acknowledge that users more often than not make copies of discs for their own personal use, not for the purpose of profit.

Table of Contents
Introduction
The Changing Music Industry and EU Competition Law
The Gatekeeper Issue
The Source Issue
The Path Issue
Problems Associated with the EU Copyright Directive
Copyright Laws and the Digital Age
The Repercussions of the Copyright Directive
Technological Advance and Legislation
Conclusion

From the Paper:

"Although the purpose of the Directive is repeatedly stated as increasing legal certainty, the opposite is actually the case. Although this article is meant to reconcile rights owners and their interest with the interest of users, the vagueness of the article does not appear to ensure the rights of anybody. Indeed, there appears to be an increased amount of uncertainty as opposed to the idealized certainty in the initial goal. Indeed, the legislation and its exceptions appear to create a singular amount of opportunities for abuse and misinterpretation. Furthermore there is a list of no less than 20 exceptions to the copyright law. Adding to the confusion, these exceptions are furthermore optional rather than mandatory, allowing Member States to pick and choose which to implement and which to discard."

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