taking rights seriously prodromos tsiavos copyright + creativity + re-packaging date: 19.04.05...
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Taking Rights Seriously
Prodromos Tsiavos
Copyright + Creativity + Re-packaging
Date: 19.04.05
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:
-Minimal marginal cost of reproduction
-High costs of original production of the good
-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 Rightsrepackaging
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
-channels of distribution
-formats
-engagement
Radio/ video [web casting]
CDsringtones
photos
Community building
[hybrids]
[collecting]
[enforcing]
[enforcing]
[enforcing]
[enforcing]
What’s in it for me?
Where is the flow of value?
Products and services
Transitory moments
The Business of Enforcement
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