Experimenting with Territoriality: Pan-European Music License and the Persistence of Old Paradigms

37 Pages Posted: 27 Mar 2017  

Ana Santos Rutschman

Saint Louis University - School of Law

Date Written: 2009

Abstract

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.

Keywords: copyright, music, licensing, territoriality, collective rights management, European Commission, European law

Suggested Citation

Santos Rutschman, Ana, Experimenting with Territoriality: Pan-European Music License and the Persistence of Old Paradigms (2009). Duke Law & Technology Review, Vol. 8, 2009. Available at SSRN: https://ssrn.com/abstract=2940859

Ana Santos Rutschman (Contact Author)

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

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