The Recasting of Copyright & Related Rights for the Knowledge Economy

Posted: 24 Feb 2008 Last revised: 14 May 2014

See all articles by P. Bernt Hugenholtz

P. Bernt Hugenholtz

University of Amsterdam, Institute for Information Law (IViR)

Mireille van Eechoud

Institute for Information Law University of Amsterdam - Faculty of Law

Stef van Gompel

VU University Amsterdam

Lucie Guibault

Schulich School of Law

Natali Helberger

University of Amsterdam - Institute for Information Law (IViR)

Multiple version iconThere are 2 versions of this paper

Date Written: January 11, 2006

Abstract

In the European Union, copyright law is increasingly a matter for the European legislator. Member states retain ever less competence to regulate intellectual property rights.

This study critically examines the 'acquis communautaire' in the field of copyright and related (neighbouring) rights, focusing on the seven copyright specific directives, from the 1991 Software directive to the 2001 Information Society Directive. It also deals with distinct issues that are on the agenda of the EU: After reviewing arguments for and against the extension of the term of protection of phonograms (sound recordings), the authors conclude there is no convincing case for extending the term of protection for sound recordings and performing artists. Neither are there compelling arguments to further harmonize the term of protection of co-written musical works. The issue of 'orphan works' is one that could benefit from an EU wide solution.

Having assessed the benefits and drawbacks of the fifteen years of harmonization of copyright, the authors conclude that the European legislator should exercise restraint in further harmonization efforts at least as long as a coherent vision of the role of copyright in the EU is lacking.

The Study was commissioned by the European Commission, DG Internal Market (2006) and is available at the Institute for Information Law website.

Keywords: copyright, European Union, harmonization, term extension, related rights, orphan works

Suggested Citation

Hugenholtz, P. Bernt and van Eechoud, Mireille M. M. and van Gompel, Stef and Guibault, L. and Helberger, Natali, The Recasting of Copyright & Related Rights for the Knowledge Economy (January 11, 2006). Available at SSRN: https://ssrn.com/abstract=1096673 or http://dx.doi.org/10.2139/ssrn.1096673

P. Bernt Hugenholtz

University of Amsterdam, Institute for Information Law (IViR) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

Mireille M. M. Van Eechoud (Contact Author)

Institute for Information Law University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

HOME PAGE: http://www.ivir.nl

Stef Van Gompel

VU University Amsterdam ( email )

De Boelelaan 1105
Amsterdam, ND North Holland 1081 HV
Netherlands

L. Guibault

Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

Natali Helberger

University of Amsterdam - Institute for Information Law (IViR) ( email )

Kloveniersburgwal 48
1012 CX Amsterdam
Netherlands

HOME PAGE: http://www.ivir.nl

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