2021-06-21 10:06:21
The Recasting of Copyright & Related Rights for the Knowledge Economy legislation/theory

P.B. Hugenholtz, M.M.M. van Eechoud, S.J. van Gompel et al., from U. of Amsterdam, Institute of Information Law have published their report to the European Commission on The Recasting of Copyright & Related Rights for the Knowledge Economy.

In the document among other topics they discuss the problem of term extension for sound recordings, which in Europe is limited in 50 years. In unison with the UK comissioned Gowers Report they find no reason to extend the term.

They also address the problem of p2p piracy and conclude (rightly) that the reason behind infringing individual behavior is not the lack of knowledge about copyright, but the copynorms that diverge from what the law thinks about rightful use. As a solution they argue for inviting users to the bargaining table instead of strengthening enforcement:

“Given the fact that copyright (non)conforming behaviour seems largely influenced by social norms and rational/economic considerations, it would appear that European institutions have limited options to help compliance to copyright law. Consistently seeking input from stakeholders that represent consumers in the policy making process may contribute to a balanced end result, which in turn can lead to a better acceptance of and adherence to copyright norms. But the stakeholders themselves –industry and consumers alike– are clearly best positioned to influence acceptance, for instance through the development of more consumer-friendly business models and informative campaigns, including initiatives like standardised labelling of product features on playability.”


adaniel — July 15, 2007 @ 2:14 pm

Rufus Pollock: Forever Minus a Day? Some Theory and Empirics of Optimal Copyright

The optimal level for copyright has been a matter for extensive debate over the last decade. This paper contributes several new results on this issue divided into two parts. In the first, a parsimonious theoretical model is used to prove several novel propositions about the optimal level of protection. Specifically, we demonstrate that (a) optimal copyright falls as the costs of production go down (for example as a result of digitization) and that (b) the optimal level of copyright will, in general, fall over time. The second part of the paper focuses on the specific case of copyright term. Using a simple model we characterise optimal term as a function of a few key parameters. We estimate this function using a combination of new and existing data on recordings and books and find an optimal term of around fourteen years. This is substantially shorter than any current copyright term and implies that existing copyright terms are too long.


Hungarian discussion: http://www.ingyenebed.hu/index.php?option=com_content&task=view&id=104#josc444

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