The Recasting of Copyright & Related Rights for the Knowledge Economy

P.B. Hugenholtz, M.M.M. van Eechoud, S.J. van Gompel et al., from U. of Amsterdam, Institute of Information Law have published their report to the European Commission on The Recasting of Copyright & Related Rights for the Knowledge Economy.

In the document among other topics they discuss the problem of term extension for sound recordings, which in Europe is limited in 50 years. In unison with the UK comissioned Gowers Report they find no reason to extend the term.

They also address the problem of p2p piracy and conclude (rightly) that the reason behind infringing individual behavior is not the lack of knowledge about copyright, but the copynorms that diverge from what the law thinks about rightful use. As a solution they argue for inviting users to the bargaining table instead of strengthening enforcement:

"Given the fact that copyright (non)conforming behaviour seems largely influenced by social norms and rational/economic considerations, it would appear that European institutions have limited options to help compliance to copyright law. Consistently seeking input from stakeholders that represent consumers in the policy making process may contribute to a balanced end result, which in turn can lead to a better acceptance of and adherence to copyright norms. But the stakeholders themselves –industry and consumers alike– are clearly best positioned to influence acceptance, for instance through the development of more consumer-friendly business models and informative campaigns, including initiatives like standardised labelling of product features on playability."

Word!