Fairplay in digital tune town

This PhD thesis examines the Dutch System of Collective Management of Music Copyrights (SCM- MC) in the context of the digital music industry, aiming to understand how it can be designed to be equitable and sustainable, while balancing economic efficiency with human values. Music creators in the
digital age demand fairness, justice, and transparency in the SCMMC, perceiving that existing copy-right structures often undervalue their work and possible fail to fairly acknowledge and reward them. The SCMMC is characterized by structural inequalities and persistent practical issues, underscoring a
need to assess industry practices and policies beyond merely legal protections.
The research is structured around three interconnected research objectives (ROs), each addressed throughout the thesis and synthesized in the concluding chapter. The first objective (RO1) involved analyzing the structure and governance of the Dutch SCMMC by examining the relevant literature on the Economics of Collective Management (ECM) and evaluating stakeholder perceptions. Key findings revealed a misalignment between the SCMMC’s legacy frameworks and the realities of the
digital environment, largely driven by institutional inertia, opaque governance structures, and outdated
IT infrastructures.
The second objective (RO2) focused on identifying and prioritizing stakeholder values, while surfacing potential value tensions. The study found that stakeholders hold diverging priorities concerning fairness, transparency, and efficiency, which result in significant and recurring value tensions within the system.
The third objective (RO3) aimed to operationalize these stakeholder values into institutional and technological design principles. This was achieved through a structured translation of values and tensions into actionable norms and system requirements. Rawls’ ToJ, particularly the Difference Principle, which emphasizes improving the position of the least advantaged, served as the guiding normative framework
to ensure that fairness and justice are embedded into the design process.
This research is theoretically anchored in four complementary perspectives: Evolutionary Economics, the Economics of Collective Management, Value Sensitive Design, and Rawls’ ToJ. Together, these lenses provide a multi-layered framework that links institutional analysis with normative evaluation.
Evolutionary Economics explains systemic adaptation, ECM grounds governance and efficiency, VSD ensures attention to human values, and Rawlsian ethics offers a normative framework.
Methodologically, this study applied a mixed-methods design, combining document analysis, a narrative literature review, semi-structured interviews, and Q methodology. The latter, central to Chapters 5 and 6, functioned as a technical investigation within the Value Sensitive Design framework. It enabled the systematic capture of stakeholder perspectives and their translation into design requirements, thereby linking empirical insights to theoretical anchoring in Evolutionary Economics, the Economics of Collective Management, and Rawlsian principles of justice. The findings demonstrate persistent challenges in the Dutch system of collective management of music copyright, particularly in governance, transparency, and equitable remuneration for smaller rights holders. Stakeholder perspectives revealed tensions between efficiency and fairness, with disproportionate benefits accruing to major players. Q methodology uncovered distinct value orientations, ranging from market-driven efficiency to cultural sustainability and confirmed structural inertia but also indicated possibilities for innovation through improved value-sensitive institutional practices and values sensitive design and implementation of technology.
Ultimately, the thesis argues that transforming the Dutch SCMMC into a fairer and more sustainable
system requires both empirical insight and normative reorientation of its institutional and technological
foundations. The research contributes to the broader discourse on copyrights in digital age, asserting
that copyright governance systems are not neutral infrastructures and must be intentionally designed
around core human values such as justice, transparency, and stakeholder inclusion.