Pirateria și reformarea protecției drepturilor intelectuale în muzică
Piracy and the reform of intellectual rights protection in music

Summary/Abstract: Copyright has become a very complex issue, particularly in music, where a lot of factors are involved like creators, performers, producers and record companies. The musical composition and performance, music recording and shows, along with music downloading and streaming, or the use of music in movies, commercials, TV shows all make up an entire industry. Therefore, we can unquestionably assert that this business must rely on a coherent legal and regulatory framework, with an adequate protection of the copyright and other related rights. The development of communication and distribution channels has raised awareness of the intellectual property rights. The upswing of music industry together with people spending more time online have generated a higher incidence of copyright infringement and piracy. Although the internet facilitates the rapid distribution of music, it still lacks a system that protects the creators` copyrights or the money they are supposed to make from e-commerce, in a cyberspace which greatly relies on this virtual market of musical creations. In the absence of any well-defined boundaries this virtual market cannot be regulated uniformly, so the application of the national legislation in the field is out of the question. Unfortunately, at European and international level, the main challenges in copyright protection are the disharmony of the legislation in the field, the territorial boundaries and cross-border difficulties. The present article analyses the evolution of the musical creations` copyright protection, with an emphasis on some aspects of internal law regarding the intellectual protection of the musical creations, a short history of copyright in music, relevant legal provisions from France, England, Germany, USA and a short perspective on the digital piracy (in the actual context the recorded music is a highly pirated intellectual property category).

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