Chapter 5 : Dealing with intellectual property rights

Question 1

Explain the modes of exploitation of different rights. (6)

Answer 1

1. exercised
2. sued upon
3. licensed
4. assigned
5. used as security
6. surrendered

Question 2

Name 2 licenses that collecting societies and licensing schemes traditionally offer.

Answer 2

1. the blanket licence

2. the ‘transactional’ licence.

Question 3

What is a blanket licence?

Answer 3

The blanket licence is where the licensee pays an overall sum and is then
free to carry on the activity licensed without making detailed returns.

Question 4

What is a transactional licence?

Answer 4

Requires the licensee to record and report copying.

Question 5

Another change which digitization is causing is the so-called convergence of modes of exploitation, explain.

Answer 5

This has resulted in cooperation or mergers between the collecting societies, which incidentally makes life easier for users who wish to respect copyright.

Question 6

What is a downside of convergence of collecting societies?

Answer 6

The larger the collecting society and the more complete its repertoire of works and rights, the more it is likely to attract the attention of the competition authorities.

Question 7

What happens when the property right is licensed?

Answer 7

Under a licence, property does not pass. Instead there is contractual
immunity from suit.