The digitisation of the music industry has led to the creation of popular new on-demand services, but it has also led to friction between recording artists and record labels concerning the digital use of copyrighted music.
In a recent case, the Svea Court of Appeal (T 9046-15) shed much-needed light on whether a right to digital use can be established through the interpretation of recording contracts from a time when such use did not even exist. The case shows how a party to a contract can be found to have consented to new terms regarding digital use through passivity and confirms that a recording artist has standing to seek an injunction on his or her own without the co-creators.
In the latest newsletter from ILO Hans Eriksson and Petter Larsson from Lindahl comment the case.
Read the full article here.