The WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (WIPO Internet Treaties) recite a need for a digital copyright framework to facilitate 'adequate solutions to questions raised by new economic, social, cultural and technological developments.' It can hardly be contested that the social and cultural developments to which the Treaties refer do not derive from the cultural or economic conditions (much less technological developments) of the developing and least-developed countries. Consistent with their predecessors, the WIPO Internet Treaties marginalize collaborative forms of creative engagement with which citizens in the global South have long identified and continue in the tradition of assuming that copyright’s most enduring cannons are culturally neutral. Recently, however, the rise of Web 2.0 and the salience of new forms of creativity mediated by digital technologies and social networking sites have exposed structural tensions in copyright laws of OECD countries similar to those which developing countries have historically raised in opposition to the Berne Convention. This Essay reviews the evolution of the WIPO Internet Treaties and argues that the framework established just over a decade ago is increasingly less relevant in addressing the challenges of creativity in the digital age. The Treaties do not provide a meaningful basis for a harmonized approach to encourage new creative forms in much the same way the Berne Convention fell short of embracing diversity in patterns and modes of authorial expression. The growing social and legal recognition of new forms of creativity enabled through digital technologies offers an important opportunity to challenge anew claims that globally mandated copyright norms can effect incentives to create that are relevant across geographical, cultural and technological boundaries.

/pdf/the-regulation-of-creativity-under-the-wipo-internet-9je8r6a07w.pdf

The Regulation of Creativity Under the WIPO Internet Treaties

Collective administration of copyright has been touted as a solution to many of the ills of the copyright system and to many of the legal challenges brought about by the encounter between copyrights and the digital realm. It has been viewed as the magic bullet that bridges the unfortunate trade-off between incentive and access; a mechanism that allows both rewarding creators and unfettered access to works. While not at all a new phenomenon - music performing rights have been administered collectively in many countries for most of the 20th century - collective administration has recently proliferated across many other areas of copyright, often with enthusiasm. This paper offers a less enthusiastic account. It examines several types of collective administration and argues that with rare exceptions, the various justifications for collective administration are too weak to justify departure from the competitive paradigm that underlies market economies. It suggests that in most cases collusion and rent-seeking mainly drive the formation of copyright collectives, and suspects that only rarely such rent-seeking may be justified as a matter of policy, either as a way to improve the incentives to create socially valuable works or on distributional grounds.

Copyright Collectives: Good Solution But for Which Problem?

Copyright : rebalancing the public and private interests in the areas of education and research

/pdf/perspektiven-fur-ein-europaisches-urheberrecht-5a4gu1hjhs.pdf

Perspektiven für ein europäisches Urheberrecht

The present chapter tests the benchmarks against the current copyright acquis. The objective is not to perform an exhaustive analysis of the acquis through the application of the benchmarks; rather, this chapter aims at field-testing the benchmarks.

Field-Testing the Normative Bridge: The EU Copyright Acquis

/pdf/the-next-ten-years-in-e-u-copyright-making-markets-work-4229ttreh6.pdf

The Next Ten Years in E.U. Copyright: Making Markets Work

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The Next Ten Years in E.U. Copyright: Making Markets Work