Chapter

Setting the Law in Motion

Michael D Birnhack

in Colonial Copyright

Published in print October 2012 | ISBN: 9780199661138
Published online January 2013 | e-ISBN: 9780191746147 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199661138.003.0008
Setting the Law in Motion

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The law was activated in the 1930s. New technologies enabled public performance of music, the development of local culture(s), and emergence of a cafe/entertainment culture, placed copyright in the spotlight. The first plaintiffs were foreign: the European performing rights societies, first the German society (GEMA) and then the English Performing Rights Society (PRS), operating through a local agent, Meir Kovalsky and his lawyer, Shimon Agranat. This fits a general pattern of colonial copyright, that foreign players are the first to use the colonial law. The discussion traces the first steps of copyright law in courts, the issues addressed, the challenges, litigation strategies, and the judicial response. The process is conceptualized in the framework of glocalization. The foreign players also inspired local entrepreneurs to establish a local, Hebrew performing rights society, ACUM, in the mid 1930s

Keywords: performing right; music; GEMA; German Performing Rights Society; Performing Rights Society; PRS; ACUM; Israeli Performing Rights Society; Meir Kovalsky; Shimon Agranat; litigation strategy; glocalization

Chapter.  14468 words. 

Subjects: History of Law

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