WIPO Advanced IP Research Forum Geneva, 26 May 2014 The Role of Copyright in the Literary and Artistic Field Prof. Martin Senftleben VU University Amsterdam Bird & Bird, The Hague

Introduction

Pierre Bourdieu

Niklas Luhmann theory of relatively closed social systems each system has its own, distinct identity boundary between a system and its environment Pierre Bourdieu autonomous social spaces (‘fields’) with individual rules, dominance structures and set of opinions but not isolated from surrounding fields and processes Theoretical Framework

Art, money, power

Constant internal fight competing players –autonomous, independent artists –bourgeois, dependent artists predominance and leadership –dictating internal discourse –consecration power –quality standards constantly changing structure

nomos: l’art pour l’art Autonomy

depends on the degree of discourse and consecration power of independent, autonomous artists predominance of dependent, profit-oriented mainstream artists endangers autonomy of the literary and artistic field current crisis because of continuously growing power of commercial players

Copyright

Rationales of protection incentive (utilitarian approach) reward (natural law approach) thus: focus on financial benefits –aligned with interests of dependent, bourgeois mainstream artists? –neglecting the interests of independent, autonomous artists? –enticing autonomous artists away from the l’art pour l’art logic of the field?

newcomers within the group of autonomous artists for a new avant-garde movement, the predominant rules must be criticized avant-garde arrière-garde Other features of the system

Andy Warhol

idea/ expression dichotomy quotation, parody use for educational purposes Central support features

exploitation rights ensuring constant supply of commercial productions limitations supporting constant evolution of new avant-garde movements Copyright ‘neutrality’

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