Making Copyright Fit for the Digital Agenda

Citation: Marco Ricolfi (2011) Making Copyright Fit for the Digital Agenda. Constructing European IP: Achievements and new Perspectives (RSS)
Internet Archive Scholar (search for fulltext): Making Copyright Fit for the Digital Agenda
Download: http://nexa.polito.it/nexafiles/Making%20Copyright%20Fit%20for%20the%20Digital%20Agenda.pdf
Tagged:

Summary

Long or short term (targets set by EC/EU directives or new vision for copyright/Berne convention)?

Describes shift from intermediaries ("long route") to direct access, sharing, collaborative production, customers as producers ("short route"). Resulting three legislative agenda requirements for digital environment:

1. "incorporate rules which are appropriate not only for the long route but also for the short route"
2. "allow for the 'peaceful coexistence' of the two sets of rules, making them interoperable, in such a way that the continued existence and specific contribution of the two sectors is maximized"
3. "obstacles inherited by the past which unduly inhibit the emergence of the short route should be gradually phased out in ways which should minimize the disruption of the workings of the old route"

Short-route interests:

• Charging monopoly prices for copies not important for vast majority of "short route" creators
• Wide dissemination is important, given attribution and commercial exclusivity

Copyright 2.0 would have four basic features:

1. Existing copyright would be available, subject to notice requirement
2. and require renewal after 14 years
3. If no notice, attribution only rule
4. If notice added later, gain commercial exclusivity?

Would require changing many laws and treaties, not an impossibility. EU should take lead because:

1. has legitimacy and prestige to do it
2. in long term interest of culture and economy

2010-2020 Digital Agenda for EU should include:

1. orphan works reform via collective licenses if rightsholder emergers
2. pan-EU licensing; rightsholders shouldn't have to collect from each jurisdiction's collective management organizatioin
3. public sector information

These would be test beds, do not amount to Berne 2.0.

Theoretical and Practical Relevance

Quotes:

the “short route” I just sketched out, will exponentially grow, dwarfing the market segment based on the “long route

I submit that our societies may obtain a genuine competitive advantage in fostering innovation based on this third paradigm (distributed innovation) rather than in insisting on global acceptance of strong IP rights which have in part outlived their function; and that we should consider how to make the best of the new chances offered to us.