PIracy and Copyrights

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INTELLECTUAL PROPERTY
RIGHT
– TERM PAPER –
“HOW THE NEW CONSUMPTION OF
ENTERTAINMENT GOOD CALLS INTO QUESTION
THE MUSIC AND MOVIE PROPERTY AND
BUSINESS MODEL.”

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INTRODUCTION
Internet, through dematerialization and global access, paved the way for the new ATAWAD consumption ( Any Time, Any Where, Any Device) and it has given a free way for consumer to override the copyrights system that was hitherto based on materialized good.

The A&M records vs Napster case in 2001 and more recently the Megaupload case in 2012 were only the most public front in wide ranging battle between the entertainment industries and the millions of individuals who were using the Internet to download, without authorization, copyrighted works, but who otherwise were putative customers of these industries.

After working for a Film Distribution Company in France for more than a year, is it in my mind, obvious that the consumption of entertainment goods (such as music and movies) have changed: the time where going to the movie theatre was an ordinary and inexpensive activity is gone, also is the time where one have to buy and entire CD’s of an artist to listen to his music. Nowadays, instead of going outside and spend 8 euros (European average) per person to see a movie, it far easier to stay home and watch a movie almost for free (VoD, illegal download…).

However, if the music industry heads out and starts to transform its business model, the movie industry is still stuck in its old-fashioned business model. It is now the time for the entire entertainment industry to wake up to the fact that a new era had begun, and this economic system has to be reinvented if it doesn’t want to keep on losing money for the work it creates. Nevertheless, such a turning point cannot be possible and viable without the legal framework.

This breakthrough for the legal field implies an international call-into-question cause now the national boundaries that rule the intellectual property rights are obsoletes with those New Medias. Furthermore, this new era is based more than ever on digital technologies, and because digital is fundamentally an information and communication technology, intellectual property rights lie at its heart. However, Digital technologies are based on copying, so copyright becomes their regulator: a role it was never designed to perform. Because the entertainment economic system is the one that I choose to be involved in at least for the beginning of my career, and because the reshaping of this entire industry is imminent, this term paper deals with how the new consumption of entertainment good calls into question the music and movie property and business model.

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To handle this issue it is first convenient to draw the actual picture of the legal system regarding Music and Movie exploitation. Then I will highlight which changes in the consumption habits flaw the legal framework. Finally after discussing the economic outcomes for every point of view involved and it is relevant to pinpoints what can be the possible improvements.

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T ABLE OF CONTENTS

INTRODUCTION ....................................................................................................................................................... 2 PART 1 : LEGAL FRAMEWORK REGARDING MUSIC AND MOVIE EXPLOITATION .................................................... 5 I.

PROPERTY RIGHTS ...................................................................................................................................... 5

II.

MORAL RIGHTS .......................................................................................................................................... 6

III.

DIGITAL RIGHTS MANAGEMENT ................................................................................................................ 7

IV.

NEW CONSUMPTION HABITS CALL INTO QUESTION THE LEGAL FRAMEWORK ........................................ 8...
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