Restructuring the Economic Rights in Copyright – Some Reflections on an ‘Alternative Model’

38 Pages Posted: 2 Jun 2015

Date Written: August 18, 2015

Abstract

Current copyright law is struggling with its adaptation to the digital environment and the time does not seem to remedy the problems we are facing. In this paper it is argued that the current structuring of the economic rights is a serious obstacle both to explaining the essence of copyright law to the public being affected by it 24/7 and to getting a proper grip of the emerging problems. It is suggested that the current “six stages structure” (exclusive rights/exceptions, protection of DRMs/exceptions, secondary liability/safe harbors) be replaced by a one stage structure predicated on the notion that right holders have exclusive rights to a reasonable exploitation, drawing in this respect also on the criteria of the “three step test(s)” of the international conventions. The challenge is to put up a regulatory framework that balances needs for predictability with the urge of flexibility and the idea and the contours of an alternative model for restructuring the economic rights are sketched out in the paper.

Suggested Citation

Rognstad, Ole Andreas, Restructuring the Economic Rights in Copyright – Some Reflections on an ‘Alternative Model’ (August 18, 2015). University of Oslo Faculty of Law Research Paper No. 2015-12, Available at SSRN: https://ssrn.com/abstract=2612862

Ole Andreas Rognstad (Contact Author)

University of Oslo ( email )

PO Box 6706 St Olavs plass
Oslo, N-0317
Norway

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