wipo – ip and creative smes in the digital environment copyright and the participative web prof....
TRANSCRIPT
WIPO – IP and Creative SMEs in the Digital Environment
Copyright and the Participative Web
Prof. Dr. Martin SenftlebenVU University Amsterdam
Geneva, May 20, 2008
The Participative
Web
The participative web
• active users
– increased user participation and interaction
– rise of the amateur creators
• generating content
– publication
– creative effort
– outside of professional routines
UCC platforms
• blogs
• social networking sites
• content aggregators with ratings
• wikis (text-based cooperation formats)
• podcasting
• virtual world content
Traditional publishing chain
artists, creators
end users, including creatorsdistribution
chain selecting content
content publishers selecting content
UCC publishing chain
artists, creators
end users, including creators
UCC platforms
ratings, recommendations
Economic implications
• disruptive effect on traditional suppliers
– professionals facing competition from amateurs
– reduced consumption of traditional media
– illegitimate access to traditional content
• opportunities for new market participants
– search engines and advertising
– UCC-based services (sharing of experiences)
– use of participative web tools in business
– licensing models for UCC
– sale of platforms
Social and cultural implications
• increased user autonomy– democratization of media production– increased citizenship engagement
• increased participation– shift to a participatory culture– establishment of social ties and structures
• increased diversity– long tail effect (content for niche audiences)– preservation of languages, cultural expressions– benefits for education and information– risk of cultural fragmentation
The Role of Copyright
Copyright – counterproductive in the participative web?
• an obstacle to the free flow of information?
• a burdensome, complex area of law that
causes legal uncertainty and prevents
users from creative activities?
• a legal instrument used by traditional
information producers to impede the
development of new business models?
Exploitation rights – a basis for contractual solutions
• incentive/reward rationale still valid?
• creative commons
Moral rights – a basis for honest behavior• right of attribution
‘…to claim authorship of the work…’
• right of integrity‘…and to object to any distortion, mutilation…’
Copyright limitations – central to the participative web
copyright holders
users who transform
platform providers
users who add value
Social and cultural implications – transformative use
• factors to be considered
– freedom of expression
– intergenerational equity among creators
– promising creative potential
• traditional solutions
– limitations for quotation, parody, criticism, review
– press privileges for news reporting
• quality function of copyright
Economic implications – value-added products
• factors to be considered
– engine of competition and innovation
– dissemination of information
– distribution of markets, risk of substitution
• traditional solutions
– limitations for press summaries
– library privileges
• competition function of copyright
Limitations in the Digital Environment: Agreed Statement Concerning Art. 10 WCT
“It is understood that the provisions of Article 10 permit
Contracting Parties to carry forward and appropriately
extend into the digital environment limitations and
exceptions in their national laws which have been
considered acceptable under the Berne Convention.
Similarly, these provisions should be understood to
permit Contracting Parties to devise new exceptions
and limitations that are appropriate in the digital
network environment.”
Status Quo
• protection of technological measures
– enables new markets, facilitates licensing
– limitations do not necessarily prevail
• proliferation of the three-step test
– used as an additional control mechanism
– legal uncertainty
• on balance: a trend towards less efficient
copyright limitations
Copyright limitations – central to the participative web
copyright holders
platform providers
Platform providers – liability?
• factors to be considered
– indirect beneficiaries of limitations
– connection with value-added products
– heavy burden of general monitoring
• traditional solutions
– notice and take down procedures
– appropriate when the platform plays a rather
active role?
