Abstract

http://ssrn.com/abstract=2352814
 


 



On Peers and Copyright: Why the EU Should Consider Collective Management of P2P


João Pedro Quintais


University of Amsterdam - Institute for Information Law (IViR)

2012

Munich Intellectual Property Law Center - MIPLC, Bd. 14, Nomos, 2012

Abstract:     
This book analyzes the E.U.’s approach to P2P, a digital age technology that highlights the tensions between the Internet and a territorial and fragmented copyright law. It aims at providing the necessary legal qualification and context to understand why the E.U., while following an economic and socially onerous path, has thus far failed to achieve its deterrence goals. It is argued that a solution to this conundrum must be based on the use of copyright law and policy as tools for market organization and innovation growth, with respect for rights holders and users (sometimes) opposing interests and the existing legal framework. The best answer to mass online P2P uses seems to be that of collective rights management, as it offers an organized licensing and remuneration system compatible with the interests of stakeholders. This is especially true in the E.U., home to a developed and sophisticated market of CMOs, subject to numerous ECJ and Commission decisions, as well as varying E.U. institutional approaches, all pointing towards a preference for multi-territorial and pan-European licensing models. In this context, this book tests the compatibility of several non-voluntary and voluntary approaches to P2P with international treaties, the acquis or simply strategic policy considerations.

Keywords: copyright, P2P, collective rights management, collecting societies, collective management organizations (CMOs), mass online uses, multi-territorial licensing, pan-european licensing, competition law

JEL Classification: K11, K19, K21, L41, L43, O34

Accepted Paper Series


Not Available For Download

Date posted: November 12, 2013  

Suggested Citation

Quintais, João Pedro, On Peers and Copyright: Why the EU Should Consider Collective Management of P2P (2012). Munich Intellectual Property Law Center - MIPLC, Bd. 14, Nomos, 2012. Available at SSRN: http://ssrn.com/abstract=2352814

Contact Information

João Pedro Quintais (Contact Author)
University of Amsterdam - Institute for Information Law (IViR) ( email )
Rokin 84
Amsterdam, 1012 KX
Netherlands
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