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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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