It is trite to state that law without effective enforcement is of no use to those it seeks to protect. Nevertheless, it must be emphasised that for a law to be effective, there have to be corresponding institutional structures. Enforcement of copyright involves two phases. The first is formulation and enactment of law. The second phase is the implementation of legal provisions that includes interpretation of law and determination of cases by the courts, investigation of copyright violations, prevention of unauthorised exploitation of the rights and the use of sanctions and remedies provided by law. The main problem for rights holders is not so much in written law but in enforcement or lack thereof. Some creative industries in sub Saharan Africa are being threatened due to unauthorised commercial exploitation of copyright protected works. This is despite strengthening of national laws in the region. There are various reasons for the impending demise of such industries, but the crucial factor is lack of or limited enforcement. The thesis looks at the important issue of enforcement from the perspective of the music industry in sub Saharan Africa. Based on an analysis of four sub Saharan countries, namely Kenya, Nigeria, Senegal and South Africa, this thesis illustrates that despite having in place relatively modem copyright laws, these countries still experience high levels of unauthorised commercial use in respect of music. The thesis suggests that a key factor that promotes unauthorised commercial use is lack of effective enforcement." Through a critical analysis, based on the political, social, economic and technological perspectives, the thesis addresses three questions. First, why is copyright enforcement a problem in sub Saharan Africa? Secondly, why has the existing legal regime failed to ensure effective enforcement? Thirdly, what is an effective copyright enforcement regime? Effective enforcement of copyright, from a political, economic, social and technological perspective involves the existence of enforceable law, as well as effective enforcement mechanisms in both private and public sectors. An effective enforcement regime ensures conformity to law, involves a constant review of existing legal regimes and institutional structures (such as enforcement agencies) as well as adoption of new procedures and technologies to reduce incidences of non-compliance. The thesis concludes by suggesting proposals for policy guidelines on enforcement of music copyright in sub Saharan Africa.

The thesis asks whether there is a role for competition law and policy in the music industries. It is argued that there is a need for updated competition policy in order to safeguard both end consumer welfare and the competitive process in these markets, characterised by fast-paced developments and business model innovation. Indeed, the past two decades saw the music industries undergo seismic changes, as even the term 'music industries' was not in use as such before the advent of the internet era and the decline in sales of recordings in physical format. Soon it became obvious that the traditional music industry's end consumers had chosen to migrate to alternative methods of consumption, complementing and substituting between several products for music, such as the digital format, the live concert ticket, and the overall 'music experience'. End consumers chose to completely by-pass the product on offer, meaning the recording of popular music in physical format, as provided top-down by a few multinational record companies, which the thesis identifies as an oligonomy. As alternative business models emerged in the music industries, the members of the oligonomy became followers of end consumer demand, remaining stuck in their notion that the end consumer remains the passive, mass market. Addressing this era as an era of market failure helps to identify the role of the end consumer within the business model of the music industry and to understand emerging trends and patterns in the music industries. Indeed, technological and copyright developments in the late nineteenth century enabled the hardware industries to morph into the recorded music industry, operating under the same business model of copyright exploitation. It follows that the market deriving from this business model is a market prone to monopolisation, resulting in a homogeneous product, designed and delivered top-down to the mass market. The resulting product was not only foreclosed by the few members of the oligonomy, but the operating business model made it impossible for the competition authorities to justify concerns. When the technology allowed for it, the creeping market failure came to the limelight and the end consumer started by-passing the oligonomy to gain access to the foreclosed content, generating consumer demand-driven business models. This translated into business model innovation. To illustrate, the thesis investigates the trial-and-error relationship between the competition authorities of the US, the EU, the UK and the old business model, addressing the failure to appreciate the bottleneck around the creative output that was being created, and the need to safeguard consumer welfare. To compare, the thesis also examines cases in the new business model era, observing the stance of competition authorities towards consumer demand generated business models. The thesis concludes with the affirmation of the need to design welfare enhancing competition policy, which places the end consumer in the forefront. To achieve this, the thesis proposes the consultation of the relevant business model literature.

This thesis studies the music industry as a whole, and delves more specifically into how new technologies have disrupted the old business model. Advances in technology such as the Internet, MP3s, and file-sharing software have made it possible to bypass the traditional role of record labels, thus creating a closer link between artists and consumers. As the music industry transformed over time, the role of record labels became less defined. This has left once behemoth labels struggling to find a competitive advantage in a rapidly devolving industry. Record labels are no longer the most relevant segment of the music industry, and this work provides an in-depth analysis of the processes that destroyed their relevance. This thesis begins by examining the music industry at a macro level, before tracking record labels from their prominence to their current marginalized role. Advancements in MP3, P2P networks, and other consumer-enabling technologies have transformed the music industry. The lack of a significant response to this shifting landscape within the industry has left record labels on a slippery slope towards extinction. As record labels failed to adapt to shifting demand and changing methods of consumption, private entrepreneurs have intervened to solve inefficiencies in the market. This thesis will leave the reader with an expansive knowledge of how the music industry has transformed, as well as its future trajectory without record labels.

The purpose of this research is to study the practice of networks in the crea- tive industries, which are thought to carry great economic, social and cultural po- tential inherent in them. The creative industries are said to be valuable especially for the development of a small and open economy like Finland. Networks, on the other hand, are identified as important in the business of micro entrepreneurial firms composing the creative industries, but the practice is still less researched. Thus, in order to better understand and support the needs of the creative industries regarding networks this thesis aims to identify best practices of networks in one specific creative industry of the small and open economy of Finland, the Finnish music industry. Seven Finnish music industry professionals including both men and women and representing different roles, music genres, lengths of careers and aspects of the Finnish music industry are face-to-face interviewed according to the method of Appreciative Inquiry (AI) focusing on successes and positive aspects instead of weaknesses and limitations. That is, with AI the Finnish music industry profes- sionals were encouraged to discuss their networks as part of their lives and work as truthfully and naturally as possible without pushing them to list some sort of requirements or expectations. A comprehensive list of best practices of networks is identified. Additional- ly, aspects of a great networking seminar are included in the list. Most important- ly, networks and relationships are said to mean everything to the Finnish music industry professionals interviewed in terms of developing their career and busi- ness as well as adding to their personal well-being. The findings discuss the ap- preciated aspects of and the appreciated elements received through networks. Al- so, the findings show how different practices of networks are needed in different situations in the lives of the Finnish music industry professionals interviewed and how different aspects of networks best serve their needs. To give an example, ap- preciated elements received through networks include information, ideas, advice, support, increase in happiness, facilitation of the work load, identification of new business opportunities, new opportunities through being recommended, progress business-wise, results, increase in the effectiveness of business, increase in the feeling of belonging to a community and new additional network contacts, and whereas the need to recognize new business opportunities, for example, is best satisfied with weak links, the need for support is better satisfied with strong ties.

Beginning with a discussion of a concept referred to as “The Artist’s Dilemma,” my thesis discusses the common criticism of artists in the music industry that they can “sell out” by changing their sound, appearance, and jeopardizing their artistic integrity in exchange for financial or celebrity gain. Furthermore, it attempts to search for a universal guide by which artists in the music industry could circumnavigate this “artist’s dilemma” in order to ensure a meaningful career without over-playing their role as a celebrity, nor under-playing their role as a musician. In order to evaluate this topic, I consider multiple “real world” examples of both artists who have been traditionally labeled as “sellouts,” and those that have managed to maintain artistic integrity throughout their career. Next I move to acknowledging philosophical perspectives on the topic of well-being (e.g. Hedonistic, Desire-Satisfaction, and Objective List theories) in attempts to gain outside perspectives on what constitutes a meaningful life for an individual, and how it can be achieved. Then I attempt to evaluate the “artist’s dilemma” through the lens of each previously mentioned philosophical perspective on well-being. My thesis concludes that, more often than not, “selling out” in the music industry will not result in an increase to overall well-being across the course of a career or lifetime. However, this conclusion is provided under the stipulation that determinations on this matter are ultimately subject to preferences and desires of the individual artist, and by which of the three philosophical perspectives of well-being they find themselves most compelled.

Orientador: Anita Simis / Banca: Maria Teresa Miceli Kerbauy / Banca: Tânia Pellegrini / Banca: Márcia Regina Tosta Dias / Banca: Eduardo Vicente / Resumo: O objetivo desta tese é a análise da trilha sonora das telenovelas da TV Globo como meio privilegiado de difusão da canção nacional e também internacional no mercado fonográfico brasileiro. Produzida e divulgada pela TV Globo e por sua gravadora Som Livre, a trilha sonora se constituiu, desde o início de sua produção por essas empresas das Organizações Globo, em um produto específico da indústria fonográfica e, ao mesmo tempo, em um espaço de divulgação, por excelência, de artistas, canções e segmentos musicais que, em casos específicos, duraram apenas o tempo em que a respectiva novela da qual eram tema foi exibida. A proposta aqui é, justamente, analisar os impactos dessa relação entre dois dos mais importantes setores da indústria cultural - televisão e indústria fonográfica - ao redor de duas das mais significativas manifestações culturais brasileiras - novela e música, demonstrando como tal relação influenciou significativamente o mercado fonográfico nacional. Dessa forma, a pesquisa aborda o período compreendido entre 1969 (ano de divulgação da primeira trilha sonora produzida pela TV Globo) e 2005, quando, então, a gravadora Som Livre passa a diversificar sua atuação depois de quase duas décadas concentrada quase que exclusivamente na divulgação das trilhas sonoras. Definidos os segmentos, artistas e canções que compuseram o fundo musical da novela em todo esse período, a análise buscou cruzar essas informações com as listagens de discos mais vendidos (elaboradas pelo NOPEM e ABPD) e de músicas mais executadas anualmente nas rádios (de acordo com o ECAD), visando identificar a correlação entre a presença da canção e do artista na trilha com as outras formas de difusão da música. A pesquisa enfatiza, ainda, a importância da trilha sonora como meio de renovação... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract: The objective of this thesis is analysis of the soundtrack of TV Globo‟s soap operas as a means for promoting the national and also international songs in the Brazilian music industry. Produced and disseminated by TV Globo and its record company, Som Livre, the soundtrack is constituted, since the beginning of its production by such companies of Globo Organizations, in a specific product in the music industry and the same time, in a space for the promoting, par excellence, of artists, songs and musical segments that, in specific cases, lasted only the time that the soap opera, which they were subject of, was displayed. The proposal here is precisely to analyze the impacts of this relationship between two of the most important sectors of the cultural industry - television and music industry - the two of the most significant cultural events in Brazil - soap opera and music, demonstrating how this relationship significantly influenced the National Music Industry. The survey covers the period from 1969 (year of the release of the first soundtrack produced by TV Globo) to 2005, when then Som Livre starts to diversify its operations after nearly two decades focusing exclusively on the dissemination of soundtracks. Defined the segments, artists, and songs that made up the soap opera‟s background music throughout this period, the analysis sought to cross this information with the listings of the best selling albums (produced by NOPEM and ABPD) and the most played songs on the radio during the year (according with ECAD), to identify the correlation between the presence of the song and the artist on the soundtrack with other forms of dissemination of music. The study emphasizes the importance of the soundtrack as a means of renewing musical segments already consolidated and at the same time it also functions as a strategic field of intense diffusion of segments and ephemeral genres. / Doutor

This study attempted to determine how tertiary music education programmes are assisting graduates in their quest to enter the plethora of music careers available within the broad music industry. Initial research was conducted into the structure of the music industry and the viability of a career within it. Published research was consulted to determine the tastes of music consumers both locally and internationally. This was done to ascertain what is currently generating the most money through sales of recordings. Various Government policy documents were interrogated to determine their expectations of higher education and of music education within higher education. International studies were also inspected to determine international tertiary music education trends. A sample group, consisting of various members within the broad music industry – ranging from performers to executives to employers and more – was established to determine, through structured interviews, what the music industry needs of graduates articulating into the music industry are. The information gathered was then used to create a set of criteria against which all 4-year, 480-credit BMus degrees currently offered in South Africa were assessed. The results of this assessment were used to determine how well BMus qualifications are preparing graduates for the modern music industry. / Dissertation (MMus)--University of Pretoria, 2015. / Music / Unrestricted

Since the development of widespread sound recording and distribution, the music industry has become increasingly consolidated among fewer companies. Max Horkheimer and Theodor Adorno described how the commodifying forces of the music industry lead to a predictable formulaic music that lacks any critical approach to society in their groundbreaking book, first published in 1944, Dialectic of Enlightenment (1972). Today, the patterns have not changed as there are now four major record labels known as the "Big Four" that produce commodified music with a business model that optimizes their profits at the expense of art, creativity and original style. Using the Recording Industry Association of America (RIAA) as its lobbying group and appointed vigilantly, the "Big Four" attempt to limit the access of independent artists and labels to music consumers. This thesis argues that in the process through which the music industry works to co-opt and commodify genres of music, the music is (de)politicized to appeal to a larger audience. While technological advances in digital media and the internet would seem to bring a decentralized (even democratized) structure that diverts the costly music distribution system allowing for more artists and labels to compete, the RIAA has acted to prevent these technologies from developing their greatest potential. First, I demonstrate how music is commodified and marketed towards consumers. The second part of this thesis uses hip hop as an example to demonstrate how the music industry co-opts a genre of music to sell to the largest number of consumers and in the process changes the political significance of that genre. Finally, I argue that the RIAA's attack on file-sharers in the name of copyright protection is a technique for the "Big Four" to stop competition from independent artists and labels. / Master of Arts

This thesis adopts a practice-based approach to understanding how power, knowledge and knowing intermingle in organizations to facilitate/constrain individual access to opportunities for knowing-in-practice (learning). It explores how organizational mechanisms and technologies of regulation (re)construct and (re)produce organizational dimensions of knowledge as power/knowledge resources by which intermingling modalities of power are enacted to continuously sanction and (re)constitute individual meanings and identities.

Thesis (MBA)--Stellenbosch University, 2012. / ENGLISH ABSTRACT: The global music industry has undergone a radical shift in the past decade due to the recent digital revolution. Many big players in the industry have been forced to downsize their operations. Some even had to close their doors, due to the significant drop in revenues generated by the companies in the music industry. This has led to recording labels, publishing companies, and independent artists to change their business models in order for their companies to stay in business in a world where the rules of the game, as it was a few years ago, now no longer applies. This study analyses and assesses the strategic architecture of an international music licensing company, CCLI Africa. Even though the company has been operating its business successfully since 1995, it has never formalised its strategic architecture. The research study thus performed a thorough strategic architecture assessment of CCLI Africa and concluded with a strategy map and Balanced Scorecard to be utilised as practical tools to monitor the company’s achievements in terms of its strategic initiatives. It also investigated methods whereby the current strategic architecture can be innovated in order to ensure a robust and sustainable business for the company. The research question can be expressed as follows: What can be learned from the current strategic architecture of CCLI Africa and how can it be improved to ensure a robust business model in an ever-changing music industry? The study focused on a qualitative methodological approach and the literature review was done by exploring the various schools of thinking in the field of business model innovation and growth.