Abstract
Building on a comparative analysis of the principles laid down in case law in the United States and the European Union, this paper addresses the fundamental interpretative issues related to the definition of a regulatory regime for the secondary digital market of music content within the European Union, i.e., a market where digital music content downloaded from a traditional e-marketplace is resold. This analysis is all the more compelling given that electronic communications networks increase the risk of infringement of intellectual property rights, as copyrights become a decisive aspect of the regulation of electronic commerce. Over all, this article aims to map the basic regulatory landscape of this secondary market.
Full PaperRiccardo Tremolada
Research Associate
Since March 2013, Riccardo has been a Research Associate at gLAWcal – Global Law Initiatives for Sustainable Development. Riccardo works as an Associate at Cleary Gottlieb Steen & Hamilton LLP. He joined the firm in Rome in 2013 and was resident in the Milan office in 2017 and in the Washington D.C. office in 2018.
Summary
Building on a comparative analysis of the principles laid down in case law in the United States and the European Union, this paper addresses the fundamental interpretative issues related to the definition of a regulatory regime for the secondary digital market of music content within the European Union, i.e., a market where digital music content downloaded from a traditional e-marketplace is resold. This analysis is all the more compelling given that electronic communications networks increase the risk of infringement of intellectual property rights, as copyrights become a decisive aspect of the regulation of electronic commerce. Over all, this article aims to map the basic regulatory landscape of this secondary market.