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