Copyright Protection and Management of Works of Music
Monday 3rd February 2025, 18:00
Location : Room LRC 012 – Filippos Tsiboglou Amphitheater,
University of Cyprus
Hosted by: EDPI in collaboration with the Department of Law
at the University of Cyprus
Liza Ioannou, officer at the Cyprus Registrar of Companies and Intellectual Property of Cyprus welcomed everyone to the event. Liza emphasised the crucial role of copyright protection in enabling creators to generate revenue. Liza underscored the need for a regulatory framework that fosters an environment where artistic creativity can thrive while ensuring a fair balance between the interests of all stakeholders. Additionally, the welcome speech highlighted the importance of implementing effective copyright regulations in Cyprus to support and protect creative industries.
Liza Ioannou, officer at the Cyprus Registrar of Companies and Intellectual Property of Cyprus.
Tatiana Eleni Synodinou, President of EDPI, Vice-Rector for
Academic Affairs and Professor in the Department of Law at the University of
Cyprus welcomed everyone to this event. Tatiana highlighted that the digital
era presents both challenges and opportunities for the music industry. Tatiana
provided an overview of these key issues, setting the stage for the panel
discussions. In particular, she emphasised that copyright empowers musicians to
protect their works, while music licences serve as a bridge for users to
generate revenue. She also addressed the challenges posed by artificial
intelligence in relation to copyright authorship, ownership, and attribution.
Additionally, she noted the growing difficulty of ensuring fair compensation
for user-generated content. The speech concluded with a warm welcome to the
panel chair, Achilleas Demetriades.
Tatiana Eleni Synodinou, President of EDPI, Vice-Rector for
Academic Affairs and Professor in the Department of Law at the University of
Cyprus.
Achilleas Demetriades, Advocate at ldlaw, welcomed all speakers and attendees, setting a warm and inclusive tone for the event. While fostering an engaging atmosphere, he also emphasised the importance of speakers adhering to their allocated time slots to ensure a smooth flow of discussions. Attendees were reassured that there would be an opportunity for discussion at the end of the session.
Sylvia Koukounidou, Archivist, Librarian and the treasurer
of EDPI, and Achilleas Demetriades, Advocate at ldlaw.
The panel began with Rudolf Leška, who is a Senior Assistant
Professor at the University of Finance and Administration in Prague, but also
an Associate Research Fellow at Palacký University Olomouc. Rudolf’s presentation, titled “Collective
Management of Works of Music, Sound Recordings, and Performers’ Rights”,
explored the role of collective management organisations (CMOs) in balancing
the interests of users and rightsholders. He traced the evolution of CMOs from
their origins as trade union-like entities advocating for rightsholders to
their current function as licensing bodies that facilitate access to works. In
theory, this shift should simplify the process of clearing rights.
Rudolf also highlighted the role of CMOs in supporting local
cultural communities through social funds, ensuring that revenue remains within
these communities. He then discussed the ongoing tension between authors and
users, remarking that “defending copyright feels like being in the trenches,
fighting against copyright users.” He stressed the importance of striking a
careful balance between fair remuneration, access to creative works, and the
rights associated with licensing.
The presentation also covered recent case law, with
particular attention to the Streamz and Others case. In this Belgian
case, the Constitutional Court referred 13 questions on the DSM Directive to
the Court of Justice of the European Union (CJEU), focusing on the
compatibility of additional remuneration rights with EU law and their
implications for collective management and licensing frameworks. While Rudolf
outlined various commentators’ views on the case, he noted that the outcome
ultimately depends on the forthcoming CJEU decision.
The session concluded with a discussion on the significance
of developing a robust collective management framework to strengthen the local
economy.
Rudolf Leška, Senior Assistant Professor at the University
of Finance and Administration in Prague, and Associate Research Fellow at
Palacký University Olomouc.
Next Nicoletta Epaminonda’s presentation (Advocate at
ldlaw), titled “The Collective Management Regulations in Cyprus”, shed
light on the challenges faced by collective management organisations (CMOs) in
Cyprus due to the absence of an appropriate regulatory framework. She traced
the historical development of this issue, explaining why Cyprus has yet to
implement a proper system for collective rights management. Despite the EU
framework being introduced eight years ago, regulations remain pending, leaving
CMOs in a state of uncertainty.
The presentation concluded with a discussion on the ongoing legal proceedings, as stakeholders await a decision from the Cyprus Supreme Court, which has been asked to assess the constitutionality of recent amendments to the country’s copyright laws.
Nicoletta Epaminonda, Advocate at ldlaw.
Following Nicoletta’s presentation, Giorgos D. Vrakas, MSCA
Postdoctoral Researcher at the University of Cyprus, shared insights from his
research conducted during his PhD. His presentation, titled “Cover Songs and
Remixes on YouTube”, examined the licensing practices surrounding such
derivative works on YouTube.
He presented his empirical findings which show that users
who upload cover songs and remixes to YouTube often do not seek to obtain a
license to reuse works, and those that do characterise the process as hard,
time consuming and costly.
YouTube’s operationalisation of the regulatory frameworks through platform policies for handling copyright enforcement create a system where users are able to upload unauthorised cover songs and remixes to YouTube. YouTube essentially creates a new way for rightsholders to “license” their works after they have been uploaded using it automated filtering mechanisms called “Content ID”. Giorgos referred this new way as the “pseudo-pathway to rights clearance” where users now ask for forgiveness rather than permission when uploading cover songs and remixes to YouTube.
Giorgos D. Vrakas, MSCA Postdoctoral Researcher at the
University of Cyprus
Next, Pavel Zahrádka who is an Associate Professor at Palacký
University Olomouc, presented his work entitled “Ethical Conflict Between
Remix Culture and Copyright”, which explored the impact of copyright on
Czech sampling artists. His empirical findings showed that copyright was of
greater importance to musicians who intended to monetise their works.
Respondents expressed opposition to sampling when they disliked the aesthetic
reuse of a work. The findings also revealed extreme reactions, ranging from
indifference to copyright to strong concern, with the latter potentially
stifling creativity.
Ultimately, Pavel argued that ethical and moral criteria are
the key factors determining when rightsholders choose to enforce their rights.
Pavel Zahrádka, Associate Professor at Palacký University
Olomouc.
Finally, Philippe Jougleux, Professor at the European
University Cyprus, presented his work entitled “AI-Generated Music: Lessons
on Copyright Law.” Philippe began by acknowledging the oversaturation of
research in this area, posing the question: what can we learn by dissecting
what music truly is? He examined the regulatory framework governing
AI-generated music, focusing on the input versus output dynamic. His analysis
included the EU exceptions for data mining, the originality thresholds for
copyright protection, and various contractual considerations. Philippe also
presented several examples of AI-generated music to illustrate his points.
He then explored the concept of what makes music “original,” suggesting that for modern music, it is increasingly difficult to create something entirely new when breaking down a composition into rhythm, tempo, and melody. Ultimately, he concluded that the entirety of a work must be considered to determine if it is truly “original.” Philippe proposed that if someone combines AI-generated music with their own composition, this would merit copyright protection.
Philippe Jougleux, Professor, at the European University
Cyprus.
The event concluded with an informative and engaging discussion between the panel speakers and the audience.
The coordinator of this event was Sylvia Koukounidou, Archivist,
Librarian and the treasurer of EDPI.
