Taking Rights Seriously Prodromos Tsiavos Copyright + Creativity + Re-packaging Date: 19.04.05 Place: Oslo University.

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Presentation transcript:

Taking Rights Seriously Prodromos Tsiavos Copyright + Creativity + Re-packaging Date: Place: Oslo University

backbone Deconstructing Copyright anatomy property dilemmas Flow of Rights clearing packaging distribution bundle other rights Re-packaging enforcement

CASE: Franz Ferdinand

an example of taking (copy)rights seriously

[copyright anatomy] Property Right Bundle of Rights Balancing of Interests

[property issues I] Different from physical property [rivalry goods] [non rivalry goods]

[dilemmas] Characteristics of non- rivalry goods: -M-Minimal marginal cost of reproduction -H-High costs of original production of the good -N-Need for balancing pool of commons with incentives for production Solution: a monopoly right for a limited time

[a single work?] (not really) Literary Work Dramatic Work Musical Work Sound recording Film Typographic Arrangement Who say’s so? Copyright, Designs and Patents Act 1988 Artistic work

[property issues II] Different from physical property For ever!!! Life + 70 Life + 50

[a single right?] (not really) To copy To issue copies to the public To rent/ lend To Perform/ show To communicate Make an adaptation Object to circumvention of technical measures

[is that all?] Moral Rights Be identified as the author Object to derogatory treatment Object to false attribution Right to privacy Rights on Performances reproduction distribution Rental/ lending Making available to the public Equitable remuneration

[why should I care?] Implications for: Production (organisation) Dissemination (market) Hybrid forms (Commons Based Peer Production) Mobility of Regulation Transactions in the level of rights not artefacts Trace the flow of rights Packaging-repackaging

[flow of rights] Contributor’s agreements (packaging) Clearance of Rights repackaging distribution enforcement

[who does what]

[packaging I] Traditional Organisational Technical Legal Business customs

[packaging II] Alternative

[clearing]

[re-packaging]

[distribution] Could follow Rights or Works Could be addressed to further intermediaries or end-users

[yahoo!] Multiple -c-channels of distribution -f-formats -e-engagement Radio/ video [web casting] CDs ringtones photos Community building

[hybrids]

[collecting]

[enforcing]

What’s in it for me? Where is the flow of value? Products and services Transitory moments The Business of Enforcement

please