Alternative Compensation Models for Large-Scale Non-Commercial Online Uses

Paper presented at ALAI International Congress – 50 Years of the German Copyright Act: Remuneration for the Use of Works – Exclusivity vs. Other Approaches, Bonn, June 18–20, 2015 (Forthcoming ALAI Conference Proceedings)

8 Pages Posted: 6 Jul 2015

See all articles by João Quintais

João Quintais

University of Amsterdam - Institute for Information Law (IViR)

Date Written: July 1, 2015

Abstract

This paper briefly discusses an alternative legal model to assure remuneration for non-commercial mass online uses by individuals, covered by the exclusive rights of reproduction and communication/making available to the public in Directive 2001/29/EC. Alternative compensation systems (ACS) are legal mechanisms that forsake the need for direct authorization of end-user acts under the aforementioned rights – downloading, uploading, sharing, modifying – while simultaneously ensuring compensation to creators (i.e. authors and performers) or all rights holders of works included in the scheme. After providing some background, the paper explains the concept of ACS, outlines the legal models and challenges to its implementation and reports on the results of an ongoing interdisciplinary research project on the legal and socioeconomic feasibility of such systems carried out by the Institute for Information Law (IViR), University of Amsterdam. Chief among the findings are the willingness of users to pay for and participate in an ACS, its quantification and, using the case-study of recorded music, the realization that such a model holds the promise of being welfare increasing.

Keywords: copyright; alternative compensation systems; private copy; levies; Infosoc Directive; content flat-rate; IVIR; exceptions and limitations; collective rights management; ACI ADAM; Copydan

JEL Classification: K11, L82, O34

Suggested Citation

Quintais, João, Alternative Compensation Models for Large-Scale Non-Commercial Online Uses (July 1, 2015). Paper presented at ALAI International Congress – 50 Years of the German Copyright Act: Remuneration for the Use of Works – Exclusivity vs. Other Approaches, Bonn, June 18–20, 2015 (Forthcoming ALAI Conference Proceedings). Available at SSRN: https://ssrn.com/abstract=2625492

João Quintais (Contact Author)

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

Rokin 84
Amsterdam, 1012 KX
Netherlands

HOME PAGE: http://https://www.ivir.nl/nl/medewerker/quintais/

Register to save articles to
your library

Register

Paper statistics

Downloads
215
rank
135,773
Abstract Views
926
PlumX Metrics