Informace o publikaci
Unraveling the Value Gap: How Property Metaphors Shape Copyright Policy
| Autoři | |
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| Rok publikování | 2023 |
| Druh | Další prezentace na konferencích |
| Citace | |
| Popis | This research delves into the complex legislative journey of the EU Directive on Copyright in the Digital Single Market (“CDSM”), spotlighting the contentious issue of the value gap. The value gap refers to the disparity between what copyright holders actually receive for their rights and the potential earnings in a world without infringement, i.e., contrast between platforms like Spotify and YouTube. This research should interest the American audience as copyright debates, cyberspace and propertization of copyright transcend geographical boundaries. The implications and insights from the EU's legislative process may hold relevance for American stakeholders grappling with similar issues in the digital age. Drawing on empirical research, the article shall scrutinize the propertization of copyright and its reflection in Article 17 CDSM through content analysis tools. It examines the recurrent use of property metaphors like free riders, parent-child, agrarian, and bad actors, as outlined by Lemley and Patry, within the context of Article 17 CDSM legislative process. Study also considers the incentive level of the value gap argument that it finds lacking. Uncovering the essence of the value gap argument, this study uncovers its foundation in the proprietary copyright paradigm, deployed by the creative industry to advocate for robust copyright protection. The analysis exposes the resurgence of arguments against bad actors and free riding on platforms, portrayed negatively, interwoven with the agrarian metaphor that appeals to the moral entitlements of authors. Nonetheless, while Article 17 CDSM is intended to strengthen copyright protection, it is creative market intermediaries who reap its benefits, leaving individual creators disempowered. This study critically addresses the social dimension of the value gap problem, capturing the struggle for a fair copyright system and revealing how copyright industry benefits at the expense of online users. |
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