here and here). Rebecca treated the conference participants to sound clips of the two works before feeding the notes into the court's legal reasoning. The court's finding that there had been an objective similarity between them was strengthened by the frank admission of musician Colin Hay that there was indeed a causal connection between the two works.
So what does work? Selling music through the web is possibly a dying business. History tells us that things do change. In a global market businesses need global policies, subject to competition law. Levies are a possibility, but not very generous. Micropayments are better, since young internet users are more comfortable with them. Sponsorship, advertising, more effective use of collecting societies, turning artistes into brands -- these are all possibilities. In this context, Ben cited some leading Court of Justice trade mark rulings that establish the strength of trade mark protection for branded entities. This works for big, well established bands -- but entry-level bands just starting out have no such opportunities.
We need to tidy up the scene for collecting societies, since they are so important for the future. There are far too many of them and it's difficult to deal with them when making cross-border arrangements. Effective licensing schemes are an absolute must.