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7 - Application of the Legal Framework in Practice

Published online by Cambridge University Press:  09 January 2025

Jozefien Vanherpe
Affiliation:
KU Leuven (Belgium)
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Summary

In practice, there are several obstacles to the application of the substantive legal framework analysed in the previous chapters. First, there is a risk of contractual provisions that deviate from the legal norm. The qualification of certain rules as mandatory law may prevent such contractual deviation. Even so, effective recourse to the protective regimes throughout the course of the contract is not guaranteed. Reference may be made to the possibility for corporate partners to have recourse to trade secret protection and the apparent limited invocation of the protective legal framework. Collective enforcement may contribute to enhanced transparency throughout the music value chain and counter musicians’ fear of commercial retaliation. Further bolstering extra-judicial enforcement is likely to fulfil an important complementary role.

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Music Contracts in the Streaming Age
Law and Policy in the European Union and the United Kingdom
, pp. 290 - 318
Publisher: Cambridge University Press
Print publication year: 2025

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