Difference between revisions of "Waelde and MacQueen (2004)"
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|Source={{Source | |Source={{Source | ||
|Name of Study=Waelde and MacQueen (2004) | |Name of Study=Waelde and MacQueen (2004) | ||
− | |Author=Waelde C. | + | |Author=Waelde C. ; MacQueen, H.; |
|Title=From entertainment to education: the scope of copyright? | |Title=From entertainment to education: the scope of copyright? | ||
|Year=2004 | |Year=2004 | ||
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|Authentic Link=https://core.ac.uk/download/files/39/278043.pdf | |Authentic Link=https://core.ac.uk/download/files/39/278043.pdf | ||
|Link=https://core.ac.uk/download/files/39/278043.pdf | |Link=https://core.ac.uk/download/files/39/278043.pdf | ||
− | |Reference=Landes and Posner (1989); Oberholzer-Gee and Strumpf (2004); | + | |Reference=Landes and Posner (1989);Oberholzer-Gee and Strumpf (2004); |
− | |Plain Text Proposition=Empirical research is essential to find out what is happening in the research, education, library and archival sectors in Europe with the implementation of the Infosoc Directive with particular focus on | + | |Plain Text Proposition=Empirical research is essential to find out what is happening in the research, education, library and archival sectors in Europe with the implementation of the Infosoc Directive with particular focus on (1) the implementation of the optional copyright exceptions and limitations in the Member States of the EU, and the perceived impact of the choices made upon the education and research sectors; (2) the use and impact of digital and other technologically based protective devices with regard to the education and research sectors, including the contractual provisions deployed alongside the use of such devices; (3) the interaction between copyright exceptions and limitations, protective devices and associated contracts, and government regulation of the area. Only through such grounded empirical research will we be able to go beyond the rhetoric that has characterised so much of the discussion of legal development in this area, and begin to understand the true impact of the digital revolution on the research and education sectors and their attendant regulatory framework. |
− | (1) the implementation of the optional copyright exceptions and limitations in the Member States of the EU, and the perceived impact of the choices made upon the education and research sectors; | + | |FundamentalIssue=1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare,3. Harmony of interest assumption between authors and publishers (creators and producers/investors),4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) |
− | (2) the use and impact of digital and other technologically based protective devices with regard to the education and research sectors, including the contractual provisions deployed alongside the use of such devices; | + | |EvidenceBasedPolicy=C. Mass digitisation/orphan works (non-use; extended collective licensing),E. Fair remuneration (levies; copyright contracts),D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) |
− | (3) the interaction between copyright exceptions and limitations, protective devices and associated contracts, and government regulation of the area. | ||
− | Only through such grounded empirical research will we be able to go beyond the rhetoric that has characterised so much of the discussion of legal development in this area, and begin to understand the true impact of the digital revolution on the research and education sectors and their attendant regulatory framework. | ||
− | |FundamentalIssue=1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare, 3. Harmony of interest assumption between authors and publishers (creators and producers/investors), 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) | ||
− | |EvidenceBasedPolicy=C. Mass digitisation/orphan works (non-use; extended collective licensing), E. Fair remuneration (levies; copyright contracts), D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) | ||
|Discipline=I28: Government Policy, O34: Intellectual Property and Intellectual Capital, O38: Government Policy | |Discipline=I28: Government Policy, O34: Intellectual Property and Intellectual Capital, O38: Government Policy | ||
|Intervention-Response=In order to be able to assess the impact of the introduction of the Info Soc Directive (2001) to Member States, empirical research is needed. Specifically there should be research done in order to analyse whether the treatment of copyright works is appropriate to all copyright works, and not just works in the arts and entertainment industries. In particular it is necessary to discover whether educational publishing and academic research are appropriately treated under the Info Soc Directive (2001). | |Intervention-Response=In order to be able to assess the impact of the introduction of the Info Soc Directive (2001) to Member States, empirical research is needed. Specifically there should be research done in order to analyse whether the treatment of copyright works is appropriate to all copyright works, and not just works in the arts and entertainment industries. In particular it is necessary to discover whether educational publishing and academic research are appropriately treated under the Info Soc Directive (2001). | ||
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|Funded By=Intellectual Property Institute; | |Funded By=Intellectual Property Institute; | ||
}} | }} | ||
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}} | }} |
Revision as of 08:07, 3 June 2020
Contents
Source Details
Waelde and MacQueen (2004) | |
Title: | From entertainment to education: the scope of copyright? |
Author(s): | Waelde C., MacQueen, H. |
Year: | 2004 |
Citation: | Waelde C. and MacQueen H., From entertainment to education: the scope of copyright? (2004) Intellectual Property Quarterly |
Link(s): | Definitive , Open Access |
Key Related Studies: | |
Discipline: | |
Linked by: |
About the Data | |
Data Description: | This study contains no data. |
Data Type: | |
Secondary Data Sources: | |
Data Collection Methods: | |
Data Analysis Methods: | |
Industry(ies): | |
Country(ies): | |
Cross Country Study?: | No |
Comparative Study?: | No |
Literature review?: | No |
Government or policy study?: | No |
Time Period(s) of Collection: | |
Funder(s): |
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Abstract
The paper considers the scope of copyright in the light of the so-called “digital (or Internet) revolution” of the last twenty years, and raises some issues about the present and future shape of the law which seem to require further investigation and reflection.
Main Results of the Study
Empirical research is essential to find out what is happening in the research, education, library and archival sectors in Europe with the implementation of the Infosoc Directive with particular focus on (1) the implementation of the optional copyright exceptions and limitations in the Member States of the EU, and the perceived impact of the choices made upon the education and research sectors; (2) the use and impact of digital and other technologically based protective devices with regard to the education and research sectors, including the contractual provisions deployed alongside the use of such devices; (3) the interaction between copyright exceptions and limitations, protective devices and associated contracts, and government regulation of the area. Only through such grounded empirical research will we be able to go beyond the rhetoric that has characterised so much of the discussion of legal development in this area, and begin to understand the true impact of the digital revolution on the research and education sectors and their attendant regulatory framework.
Policy Implications as Stated By Author
In order to be able to assess the impact of the introduction of the Info Soc Directive (2001) to Member States, empirical research is needed. Specifically there should be research done in order to analyse whether the treatment of copyright works is appropriate to all copyright works, and not just works in the arts and entertainment industries. In particular it is necessary to discover whether educational publishing and academic research are appropriately treated under the Info Soc Directive (2001).
Coverage of Study
Datasets
{{{Dataset}}}