Reformbedarf für eine effizienzorientierte kollektive Wahrnehmung von Online-Rechten an Musikwerken

The ‘Collecting Societies Directive’ has allowed German legislators to aim at creating a uni-form level of regulation in terms of the multi-territorial licensing of rights in musical works for online use at the European level for the first time. In light of a so far nationally determined practice of collective licensing and the unsuccessful regulation policy of the EU in the past, the question arises of whether this new legal framework is an adequate response to structural economic inefficiencies within collecting societies’ system of rights management. In this study, Paul Rhode examines this harmonised regulation in the field of online music in the form of its transposition into German law, the VGG, taking into account the foundations of competition economics and new information technologies. On this basis, he detects a remaining factual and legal need for reform to create an efficient collective rights management system, which is currently experiencing an unprecedented transition phase due to globalisation and digitalisation.