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In 1988, The Canada and the United States of America signed the Free-trade Agreement of North America. They wrote in a compulsory licence of cablodistribution: cablodistributors could, without consent, intercept the broadcasting waves but would also have to give them a financial compensation. / In 1995, the WTO2 elaborated the Trade related intellectual property agreement (TRIPS). The latter grants the broadcastors a right to authorize or to prevent the communication of their waves to the public. / Is the existence of the compulsory licence compromised by this agreement? We believe not. Indeed, justifications to the compulsory licence are found in the TRIPS: the general derogation of section 13 and the insertion of the Berne Convention through section 9 allow such licence. We also establish that the national treatment and the most-favoured nation clauses do not apply to the compulsory licence. / 2World Trade Organization

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Society’s progression through the digital streaming age has created a music licensing landscape of grave concern to all stakeholders in the industry. These drastic changes have occurred under an outdated legal framework. This paper will recommend a comprehensive reform to our copyright law to uphold the intentions of copyright in the modern, digital age of today. By looking at the history of copyright and its evolution, one can assess how Congress has been tasked with establishing a fair market value for music by promoting the public interest and fairly compensating copyright owners. This will lead to an evaluation and comparison of those methods used to determine fair market value for creative works that will be the basis of the recommendation used to modernize copyright law. This recommendation will comprehensively provide for equitable treatment for all parties in the streaming age through its totality, additional reforms, and alternative ideas. / Includes bibliography. / Thesis (M.S.)--Florida Atlantic University, 2015. / FAU Electronic Theses and Dissertations Collection