1. Introduction to Copyright Flashcards
The importance of copyright
Free rider issue - P Benko ‘Protecting IP’
free rider issue
P Benko ‘ Protecting IP’
Statute of Anne 1709
‘the sole right and liberty of printing’
Human Rights
Art 27 UDHR
Art 15 of the International Covenant on Social and Economic Rights
Art 17(2) CFR
R Howese and M Mutua in ‘Protecting Human Rights in A Global Economy’
P Torremans ‘Copyright as a Human Right’
Freedom of expression : Art 19 UDHR and Art 10 ECHR
A R Chapman in ‘A Human Right Perspective on IP’
Art 27 UDHR
offers ‘protection of the moral and material interests resulting from any scientific, literary or artistic productions, of which he is the author.’
Art 17(2) of CFR
IP is a property right
Article 15 of the International Covenant of Social and Economic Rights
same as Art 17 UDHR
Art 17 UDHR
Property right
R Howese and M Mutua ‘Protecting Human Rights in a Global Economy’
human rights are fundamental and where they conflict IP, they should prevail
P Torremans in ‘Copyright as a human right’
IP and HR deal ‘with the same fundamental equilibrium.’
Freedom of Expression
Art 19 UDHR + Art 10 ECHR
A R Chapman in ‘A Human Right Perspective on IP’
Copyright must respect the freedom indispensible for scientific research and creative activity which also encourage the development of international contacts and cooperation in the scientific and cultural fields
Copyright and Competition law
Art 102 TFEU
R Benko ‘Protecting IP Rights: issues and controversies’
Ulrich ‘The Importance of Industrial Property Rights’
Lehman ‘The Theory of Property Rights and the Protection of IP’
Magill case
Microsoft case
Landes and Posner ‘An economic analysis of Copyright Law’
Ghidini ‘IP and Competition Law
P Hugenholtz
Art 102 TFEU
Copyright can lead to a monopoly forbidden under this Article
the free rider issue
R Benko ‘Protecting IP Rights: Issues and Controversies’
The people will no longer invest in innovation
Ulrich in ‘The Importance of Intellectual Industrial Property Right’
A Balance between copyright and public interest
Case of Magill
Copyright will cause issues to competition law when it limits technical development
Microsoft case
Copyright protection definition
‘The owner’s right to prevent others from making copies’ Landes and Posner ‘An Economic analysis of copyright law’
What does copyright protect?
Copyright law protects independently achieved expressive results. - Ghidini ‘IP and Competition Law’
The importance of competition law has been emphasized, being argued that without it, IP would not be able to function
P Hugenholtz
Lehman ‘The Theory of Property Rights on the Protection of IP’
Competition law plays the role of a regulator and property rights are a prerequisite for the normal functionality of the market mechanism
