Overlapping Rights in Different Business Models
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AbstractThis chapter provides an overview of the problems stemming from the fragmented copyright system. The multitude of rights and right holders has led to huge transactions costs for the exploitation, license, dissemination, and enforcement of copyright. Copyright divisibility and fragmentation also result in legal issues surrounding overlapping exclusive rights in a single subject. This problem may not only bring about controversies over copyright license, but also generate uncertainties for startup companies that build their business models on digital content. This chapter then evaluates current policy proposals addressing the issues of fragmented copyright and overlapping exclusive rights. Those proposals include consolidating current bundles of exclusive rights, and adopting an implied license doctrine to the incidental use of copyrighted work based on one single exclusive right. Finally, this chapter assesses whether a more streamlined collective copyright management mechanism can solve the issue of overlapping rights.
Acceptance Date10/09/2015
All Author(s) ListJyh-An Lee
All Editor(s) ListKung-Chung Liu, Reto M. Hilty
Book titleRemuneration of Copyright Owners: Regulatory Challenges of New Business Models
Series TitleMPI Studies on Intellectual Property and Competition Law
Volume Number27
Place of PublicationBerlin, Germany
Pages1 - 20
LanguagesEnglish-United Kingdom
Keywordsoverlapping rights, copyright divisibility, implied license, copyright management organizations, anticommons

Last updated on 2022-15-01 at 01:03