Abstract The emergence of new technologies such as mp3 and music streaming, and the accompanying digital transformation of the music industry, have led to the shift and change of the entire music industry’s value chain. While music is increasingly being consumed through digital channels, the number of empirical studies, particularly in the field of music copyright in the digital music industry, is limited. Every year, rightsholders of musical works, valued 2.5 billion dollars, remain unknown. The objectives of this study are twofold: First to understand and describe the structure and process of the Dutch music copyright system including the most relevant actors within the system and their relations. Second to apply evolutionary economics approach and Values Sensitive Design method within the context of music copyright through positive-empirical perspective. For studies of technological change in existing markets, the evolutionary economics literature provides a coherent and evidence-based foundation. The actors are generally perceived as being different, for example with regard to their access to information, their ability to handle information, their capital and knowledge base (asymmetric information). Also their norms, values and roles can differ. Based on an analysis of documents and held expert interviews, we find that the collection and distribution of the music copyright money is still based on obsolete laws, neoclassical paradigm and legacy IT-system. Finally, we conclude that the rightsholders are heterogenous and have asymmetrical information and negotiating power. The outcomes of this study contribute to create a better understanding of impact of digitization of music copyright industry and empower the stakeholders to proceed from a more informed perspective on redesigning and applying the future music copyright system and pre-digital norms and values amongst actors.
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There is a need for modernizing the Dutch collective management system of music copyright to match the rapidly changing digital music industry. Focusing on the often-neglected human values aspect, this study, part of a larger PhD research, examines the value preferences of music rights holders: creators and publishers. It aims to advise on technological redesign for music copyright management system and contribute to discussions on equitable collective management. Building upon prior research, which comprehensively analyzed the Dutch music copyright system and identified key stakeholders, this paper analyses 24 interviews with those key stakeholders to identify their values and potential value tensions. Initial findings establish a set of shared values, crucial for the next phases of the study –values operationalization. This research makes a academic contribution by integrating the Value Sensitive Design (VSD) approach with Distributive Justice Theory, enriching VSD's application and enhancing our understanding of the Economics of Collective Management (ECM).
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The digital era has brought about profound changes in how music is created, distributed, and consumed, posing a need for modernizing the Dutch collective management system of music copyright to match the rapidly changing digital music industry. This study aims to identify the key stakeholders and their perceptions of the Dutch system of collective management of music copyright. Utilizing qualitative document analysis, the study examines a range of public and non-public documents, including income statements, annual reports from Collective Management Organizations (CMOs), and contracts between publishers and creators. The research is further enriched by twenty-four semi-structured interviews with key stakeholders such as composers, lyricists, music publishers, copyright lawyers, and CMO executives. The findings of the study highlight several issues like the outdated IT systems and the lack of data standardization within the system. The research also notes a contrast in organizational effectiveness: major publishers are well-organized and unified in their negotiations with Digital Service Providers (DSPs) and CMOs, effectively advocating for their rights. However, music copyright holders, despite their legal homogeneity, are either unorganized or ineffectively aligned, displaying diverse interests and varying levels of access to information, as well as differences in norms and values prioritization. The study is grounded in the economics of collective management (ECM) and makes a significant academic contribution to this field by introducing new empirical findings to ECMs core constructs and integrating theoretical perspectives. The research offers valuable insights for policymakers, industry stakeholders, and researchers, aiming to foster a more equitable music copyright management system in the digital context.
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There is a lack of interest and empirical analysis in the existing literature on composers’ relations with their publishers and the role of Collective Management Organizations (CMOs) within the system of music copyright. The purpose of this paper is to explore and understand the influence of digitization within the music industry on the copyright enforcement in the Netherlands and on rights holders and the CMOs. Also to explore and understand how their mutual relationships are affected by digitization of the music industry. A qualitative analysis was done by reviewing scientific literature, performing a documents analysis and doing open interviews. In the existing economics of copyright literature, the main focus is set on transaction costs, efficiency and welfare topics. The findings can be used to understand and model how rights holders and CMOs cope with the digitization and contribute to the policy makers and economic actor’s discussion about future improvement of the copyright enforcement system.
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This research investigates the integration of stakeholders' values into the digital frameworks of Collective Management Organizations (CMOs) within the Dutch music copyright system. Utilizing Q methodology, the study captures diverse perspectives from composers, lyricists, publishers, and CMO representatives on values, value tensions, norms, and system requirements. A pilot study with four experts tested data collection methods and refined the study design for a larger, follow-up study involving 30 participants. Preliminary findings, based on factor analysis of participant rankings of 30 statements, reveal two distinct perspectives: one focused on "Fairness and Accountability," emphasizing trust-building and equitable treatment, and the other on "Technological Efficiency and Transparency," prioritizing clear information, verification mechanisms, and advanced IT systems. Qualitative insights from participant interviews provide nuanced understanding, highlighting the importance of transparency in royalty processes, balanced application of technology, and equitable royalty distribution in the digital age. This research contributes to the modernization of copyright management systems offering a conceptual model adaptable to other creative (Intellectual Property) industries
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Copyright enforcement by private third parties – does it work uniformly across the EU? Since the inception of Napster, home copying of digital files has taken a flight. The first providers of software or infrastructure for the illegal exchange of files were held contributory or vicariously liable for copyright infringement. In response, they quickly diluted the chain of liability to such an extent that neither the software producers, nor the service providers could be held liable. Moving further down the communication chain, the rights holders are now requiring Internet Service Providers (ISPs) that provide access to end customers to help them with the enforcement of their rights. This article discusses case-law regarding the enforcement of copyright by Internet Access Providers throughout Europe. At first glance, copyright enforcement has been harmonised by means of a number of directives, and article 8(3) of the Copyright Directive (2001/29/EC) regulates that EU Member States must ensure the position of rights holders with regard to injunctions against ISPs. Problem solved? Case law from Denmark, Ireland, Belgium, Norway, England, The Netherlands, Austria and the Court of Justice of the EU was studied. In addition, the legal practice in Germany was examined. The period of time covered by case law is from 2003 to 2013, the case law gives insight into the differences that still exist after the implementation of the directive.
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AI tools increasingly shape how we discover, make and experience music. While these tools can have the potential to empower creativity, they may fundamentally redefine relationships between stakeholders, to the benefit of some and the detriment of others. In this position paper, we argue that these tools will fundamentally reshape our music culture, with profound effects (for better and for worse) on creators, consumers and the commercial enterprises that often connect them. By paying careful attention to emerging Music AI technologies and developments in other creative domains and understanding the implications, people working in this space could decrease the possible negative impacts on the practice, consumption and meaning of music. Given that many of these technologies are already available, there is some urgency in conducting analyses of these technologies now. It is important that people developing and working with these tools address these issues now to help guide their evolution to be equitable and empower creativity. We identify some potential risks and opportunities associated with existing and forthcoming AI tools for music, though more work is needed to identify concrete actions which leverage the opportunities while mitigating risks.
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Proceedings of the IASPM Benelux conference. Popular Music: Theory and Practice in the Lowlands.
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Stress is increasingly being recognized as one of the main factors that is negatively affecting our health, and therefore there is a need to regulate daily stress and prevent long-term stress. This need seems particularly important for adults with mild intellectual disabilities (MID) who have been shown to have more difficulties coping with stress than adults without intellectual disabilities. Hence, the development of music therapy interventions for stress reduction, particularly within populations where needs may be greater, is becoming increasingly important. In order to gain more insight into the practice-based knowledge on how music therapists lower stress levels of their patients with MID during music therapy sessions, we conducted focus group interviews with music therapists working with adults with MID (N = 13) from different countries and clinical institutions in Europe. Results provide an overview of the most-used interventions for stress reduction within and outside of music. Data-analysis resulted in the further specification of therapeutic goals, intervention techniques, the use of musical instruments, and related therapeutic change factors. The main findings indicate that music therapists used little to no receptive (e.g., music listening) interventions for stress reduction, but preferred to use active interventions, which were mainly based on musical improvisation. Results show that three therapy goals for stress relief could be distinguished. The goal of “synchronizing” can be seen as a sub goal because it often precedes working on the other two goals of “tension release” or “direct relaxation,” which can also be seen as two ways of reaching stress reduction in adults with MID through music therapy interventions. Furthermore, the tempo and the dynamics of the music are considered as the most important musical components to reduce stress in adults with MID. Practical implications for stress-reducing music therapy interventions for adults with MID are discussed as well as recommendations for future research.
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An investigation into whether or not young people studying in higher education in the Netherlands have modified their download behaviour, in the light of a legal obligation to block The Pirate Bay (TPB) by Dutch Internet Service Providers (ISPs). In the lawsuit, it is argued that a blockade by the ISPs would be an effective measure to stop downloading from The Pirate Bay. In this study the target group was asked if they think that their download behaviour is modified by the blockade.
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