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Copyright from an Institutional Perspective: Actors, Interests, Stakes and the Logic of Participation

33 Pages Posted: 13 Jun 2008  

Antonina Bakardjieva Engelbrekt

Stockholm University - Faculty of Law

Abstract

This article investigates recent developments in copyright, proceeding from a participation-centred comparative institutional approach (Komesar, 1994). Following institutional theory, the approach implies conceiving of the market, the political process (legislatures and administrative agencies) and the courts as alternative decision-making processes in the area of copyright law and policy. It emphasises the importance of institutional choice, based on careful comparison of the modalities for participation of different interests in these processes.

Novel digital and information technologies influence the conditions for participation in copyright decision-making at all levels and unsettle previously established institutional equilibriums. In the wake of the Infosoc Directive, a dynamic process of institutional adjustment seems to be unfolding in the Member States of the European Union whereby a variety of private, public and mixed institutional schemes for interpretation and enforcement of the new digital copyright are emerging, seeking to reconcile the interests of a variety of old and new stakeholders. This dynamism is interpreted as a search for appropriate decision-making institution to mitigate the consequences of an expansive legislative copyright policy as materialized in the Infosoc Directive and to re-establish a balance of rights and obligations. It is argued that the institutional design of these schemes and the modalities for actor participation will be crucial for their sustainable success and seem therefore to deserve more careful scrutiny. At the same time, the conservative force of institutional legacies is emphasized as a factor deterring institutional innovation.

Keywords: Copyright, Institutional

Suggested Citation

Engelbrekt, Antonina Bakardjieva, Copyright from an Institutional Perspective: Actors, Interests, Stakes and the Logic of Participation. Review of Economic Research on Copyright Issues, Vol. 4, No. 2, pp. 65-97, 2007. Available at SSRN: https://ssrn.com/abstract=1144289

Antonina Bakardjieva Engelbrekt (Contact Author)

Stockholm University - Faculty of Law ( email )

S-106 91 Stockholm
Sweden

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