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Abstract
Luxembourg, the host of the ECJ, violates the statutory rights of performers and record producers by failing to enforce domestic collective management of neighbouring rights. Consequently, Luxembourg misses a major opportunity to create a level playing field and sustainable income for its music industry. This research aims to guide the implementation of neighbouring rights collection using a mixed-method approach. Quantitatively, it estimates the potential collection by comparing neighbouring and author right collections across European territories and applying their average ratios to the author right collections of SACEM Luxembourg. Qualitatively, it explores stakeholders' perspectives on challenges and best practices linked to collective management of neighbouring rights in Luxembourg through interviews with 17 stakeholders, including a Grammy-winning performer and CMO executives. The study estimates a potential annual collection between €1.2 and €1.9 million, while these results are highly dependent on tariff negotiations. Recommendations include forming a union, collaborating with international organizations, and leveraging technology. Further research is necessary to determine the optimal structure for a CMO, but this study suggests that a small local representation could effectively operate by outsourcing most services to existing CMOs or private IT companies. This research underscores the urgency for policymakers to implement a robust collection system and provides a foundation for future initiatives in Luxembourg's music industry.
Publication Date
7-1-2024
Campus
Valencia (Spain) Campus
Keywords
Neighbouring Rights, Collective Management, Luxembourg, Implementation Strategy
Recommended Citation
Biever, Tun. “The Missed Potential of Neighbouring Rights Collection in Luxembourg: A Comprehensive Study of Perspectives.” Master's thesis, Berklee College of Music, 2024. https://remix.berklee.edu/graduate-studies-global-entertainment-business/387.