The Necessity to Collectivize Copyright - And Dangers Thereof

Abstract

This article describes and discusses the effects of collective rights administration of (individual) copyright. It points out that collectivization is driven either by en economic argument relating to the reduction of transaction costs or a cultural one relating to the protection of authors. It then claims that collectivization has the potential to affect copyright as it is perceived in the Berne Convention and in traditional copyright legislation fundamentally. The effects include a basic shift in copyright from a system based on property rules to a system based also on liability rules. The article then discusses how to best deal with these effects. It recommends that action is considered to identify and possibly remove internal barriers to beneficial collectivization, regulate societies effectively to secure innovation-interest, and to protect the interests of authors more effectively.