Framing Standards, Mobilizing Users: Copyright Versus Fair Use in Transnational Regulation

Review of International Political Economy, iFirst, pp. 1–37, 2012

Posted: 1 Aug 2012

See all articles by Leonhard Dobusch

Leonhard Dobusch

Department of Organization and Learning

Sigrid Quack

Max Planck Institute for the Study of Societies

Multiple version iconThere are 2 versions of this paper

Date Written: 2012

Abstract

Following the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) intellectual property rights, and more specifically copyright, have become the subject of highly politicized conflicts. In this paper we analyze how these conflicts shifted from the political arena to private standard-setting sites, where two opposing coalitions of actors pursued competing initiatives – an industry coalition which aimed at enforcing copyright protection through Digital Rights Management and an emerging coalition of civil society actors which sought to develop a digital commons based on copyleft licenses. Paradoxically, the industry coalition, which had very successfully lobbied international organizations, ran into trouble developing and enforcing private regulation in the market place, while the civil society coalition proved to be more effective in the market than in the political sphere. The findings of our analysis indicate that the strategic use of organizational forms and collective action frames can be more decisive for the mobilization of users than material resources, and that the success of collective action frames depends on their compatibility with user practices. Based on the argument that regime shifting from intergovernmental to private governance can open up new and favorable spaces for weak actors to experiment with alternative forms of regulation, the paper contributes to the literature on the politics of regime complexity. The paper furthermore highlights the importance of studying non-elite actors and their day-to-day practices to gain a better understanding of changes within the international political economy.

Keywords: international regime complexity, standards, implementation politics, mobilization, framing

Suggested Citation

Dobusch, Leonhard and Quack, Sigrid, Framing Standards, Mobilizing Users: Copyright Versus Fair Use in Transnational Regulation (2012). Review of International Political Economy, iFirst, pp. 1–37, 2012. Available at SSRN: https://ssrn.com/abstract=2121295

Leonhard Dobusch (Contact Author)

Department of Organization and Learning ( email )

Universitätsstraße 15
Innsbruck, Innsbruck 6020
Austria

HOME PAGE: http://https://www.uibk.ac.at/iol/index.html.en

Sigrid Quack

Max Planck Institute for the Study of Societies ( email )

Paulstr. 3
50676 Cologne, DE
Germany
+49 221 2767-152 (Phone)
+49 221 2767-555 (Fax)

HOME PAGE: http://www.mpifg.de/people/sq/index_de.asp

Register to save articles to
your library

Register

Paper statistics

Abstract Views
437
PlumX Metrics