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What About the Mirrored Glass Disco Ball? Delimiting the Right of Communication to the Public in Copyright and Related Rights

By Björn Coene

Abstract

This article proposes a principled account on delimiting the right of communication to the public which is granted by copyright and related rights. The reason to do so, is that lately the ECJ (European Court of Justice) has repeatedly been asked to clarify how this right of communication to the public is to be understood. Against this backdrop, this article puts forward guidelines on how to interpret the accepted criteria to delimit this right of communication to the public. To arrive at these guidelines, this article performs an analysis of the accepted natural rights and economic justifications for the intervention of copyright and related rights. In essence, these justifications are analysed for their instructions on the following: on reserving rightholders perceptible acts which play certain roles in giving rise to or continuing ‘consumption chains’ concerning experiences owed to a copyright or related rights protected result of labour. The main conclusion of this article is that delimiting the right of communication to the public is to be done strictly in reference to the technical capacity of perceptible acts to convey experiences owed to such a copyright or related rights protected result of labour. This conclusion implies a plea to differ from the ECJ’s approach to delimit the right of communication to the public, by taking into account specific characteristics of the public reached or a normative understanding of the public which a rightholder is to be taken to target.nrpages: 25status: publishe

Topics: right of communication to the public, copyright, related rights, new public, linking, links, Svensson Retriever Sverige, TVCatchup, natural rights, positive external effects
Publisher: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2435785
Year: 2014
OAI identifier: oai:lirias.kuleuven.be:123456789/506771
Provided by: Lirias
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