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April 25, 2026Journal of Intellectual Property Law & Practice0 citationsOpen Access

Music metadata as a fundamental-rights question, or the EU’s positive obligations to secure cultural visibility and equality online

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EIElena Izyumenko

Key Points

  • The aim is to analyze how music metadata affects cultural visibility and equality online within the EU’s fundamental rights framework.
  • Examined how music metadata shapes searchability and remuneration in streaming services.
  • Analyzed EU legal articles related to cultural and linguistic diversity and rights.
  • Argued for regulatory choices that enhance cultural visibility and equality.
  • Identified that sparse or mis-specified metadata harms minority-language music creators and non-dominant territories.
  • Highlighted that women and non-binary creators face disproportionate visibility deficits due to metadata constraints.
  • Proposed that EU must ensure effective rights-realization online through better metadata governance.

Abstract

Abstract Music metadata—credits, identifiers, language labels, territorial tags and genre descriptors—functions as the operative infrastructure of streaming. It shapes what becomes searchable, recommendable, charted and remunerated. This article argues that metadata is therefore not a neutral technical resource but a constitutional site where structural inequality is produced or mitigated. When metadata is sparse, standardized around dominant markets, or mis-specified, the resulting visibility and remuneration deficits disproportionately affect minority-language repertoires, music from smaller territories, field recordings and traditional archives, and women and non-binary creators. The article situates these ‘structural metadata harms’ within the EU’s fundamental-rights framework, contending that Article 22 CFR (respect for cultural and linguistic diversity), read together with Articles 11 (freedom of expression), 13 (artistic freedom), 17(2) (IP), 21 (non-discrimination) and 23 (gender equality), constrains and guides metadata governance. Drawing on CJEU rights-balancing and ECtHR doctrines of positive obligations and indirect structural discrimination, it develops the claim that EU regulatory and standard-setting choices must secure the practical and effective enjoyment of cultural visibility and equal rights-realization online.

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Cite This Study

Elena Izyumenko (2026) studied this question.

synapsesocial.com/papers/69ec5b0688ba6daa22dac87ahttps://doi.org/10.1093/jiplp/jpag043
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