Music Distribution and the Internet: A Legal Guide for the Music Business

Madely du Preez (University of South Africa)

Online Information Review

ISSN: 1468-4527

Article publication date: 26 June 2007

522

Keywords

Citation

du Preez, M. (2007), "Music Distribution and the Internet: A Legal Guide for the Music Business", Online Information Review, Vol. 31 No. 3, pp. 389-390. https://doi.org/10.1108/14684520710764195

Publisher

:

Emerald Group Publishing Limited

Copyright © 2007, Emerald Group Publishing Limited


A series of events celebrated ten years of the internet as a commercial medium in 2004. With it, the issue of copyright and the rights of music artists and record companies caught the media's attention. Much has since been done to regulate the online distribution of music, whether it is the internet or via mobile phones. Sparrow's book intends to provide those connected with the music industry an insight into the legal requirements of online music distribution.

Sparrow first examines how contracts with online consumers must be concluded and considers the various legal terms and conditions which should govern the sale of physical products to online music buyers. He reviews issues surrounding the handling of web site users' personal information and also takes a good look at the rules, which prescribe how that data can be used for ongoing marketing of artists' work and merchandise.

The legal discussions in Music Distribution and the Internet are based on English contract law. This includes the discussions on the terms governing download services. Sparrow stresses the importance of knowing and understanding the laws governing the music industry in respective countries with his discussion in Chapter 15. This chapter examines the importance of knowing the jurisdiction or country in which a contractual dispute will be heard and which set of laws will apply to that dispute, regardless of where the trial is held.

The principal terms and conditions which should operate to govern the online sale of physical products typically offered by music companies and associated businesses over the internet is reviewed in Chapter 3. The huge importance of marketing an artist and the merchandise that surrounds the artist also receive attention. Chapter 5 considers the Copyright and Related Rights Regulations 2003 and explains how this affects download services.

Chapter 8 considers the effect of the Distance Selling Regulations and the cancellation rights afforded to consumers under those Regulations. In Chapter 9 attention is paid to the typical payment provisions for the purchase of music content, whether physical products, ring tones or download services.

The book is written for those in the music industry or associated with it. Practical advice is given on how to approach key relationships with the internet music‐buying consumer and other online media providers. The law is explained in straightforward terms and applied throughout in a music business context. Sparrow attempts to provide the reader with a good understanding of the legal issues in this field and an appreciation of the nature of the law in a rapidly expanding new media arena, and in this he succeeds.

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