Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Nérisson, Sylvie --- "Ownership of Copyright and Investment Protection Rights in Teams and Networks: Need for New Rules?" [2012] ELECD 197; in Rosén, Jan (ed), "Individualism and Collectiveness in Intellectual Property Law" (Edward Elgar Publishing, 2012)

Book Title: Individualism and Collectiveness in Intellectual Property Law

Editor(s): Rosén, Jan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857938978

Section: Chapter 6

Section Title: Ownership of Copyright and Investment Protection Rights in Teams and Networks: Need for New Rules?

Author(s): Nérisson, Sylvie

Number of pages: 19

Extract:

6. Ownership of copyright and
investment protection rights in
teams and networks: need for new
rules?
Sylvie Nérisson*

This chapter addresses the question of how collective management should
be approached by lawmakers to tackle problems with copyright ownership
and investment protection rights.
The chapter is structured in seven parts. As a preliminary point, it is
necessary to stress the delicate delineation of copyright and investment
protection rights for the author in this comment. In the second part, I shall
introduce the function of collective management as a remedy to (one of) the
paradox(es) of copyright. The third part focuses on the difficult and fragile
rationale of collective management and demonstrates the necessity that
apart from authors, publishers join collective management societies (CMS)
as well. The arguments for this admission will be discussed in the fourth part.
The fifth part provides two illustrative German cases attesting the conflict-
ing interests of publishers and authors in the bosom of CMS. The danger of
ignoring this conflict and the necessary distinction between first right owners
(creators) and derivative right holders (investors such as publishers) will be
demonstrated in the sixth part. To this aim I shortly and critically present
consequences of the European Commission Recommendation of 18 October
2005 on collective cross-border management of copyright and related rights
for legitimate online music services.1 The final part calls for legislative
intervention with regard to the collective management of copyrights.


* Research Fellow at the Max Planck Institute for Intellectual Property and
...