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Remuneration of Copyright Owners

(a joint project with Academia Sinica and the Max-Planck Institute for Innovation and Competition) 

By Kung-Chung Liu and Reto Hilty 

The Internet and digital technology have profoundly changed the way people distribute, access and use copyrighted works. To seek innovative and efficient ways to pay copyright owners is a pressing need in developing a well-functioning copyright system. This project explores a variety of critical aspects of paying copyright owners in a digital environment. The topics include: (1) simplifying payment mechanisms by streamlining copyrights and tariff structures. In this respect, the project addresses overlapping rights in different business models and whether there is a “super-right” that covers many types of copyright; it also explores practical issues such as simplifying the tariff structures and the existing various payment mechanisms; (2) improving the collective rights management. Both conventional collective management organizations and the prospects of developing an extended collective licensing system in a digital environment have been explored, supplemented by a discussion of the levies for the hardware; (3) regulating individual licensing models. With the onslaught of digital technology, it is explored whether the technology will enable copyright owners to individually license their works more efficiently; (4) balancing the market power on the supplier and creative use markets.

In particular, this project includes an analysis of the primary and derivative markets for copyrighted works, followed by a discussion of the possibility of enabling new business models by utilizing statutory and compulsory licenses. A distinct feature of the project is that it extends beyond copyright law, and also scrutinizes the intersection between the copyright licensing system and competition law. Moreover, since Internet Service Providers and mobile phone operators play a critical part in disseminating copyrighted materials, the research project pays close attention to the role of intermediaries.

The outcome of this project is a book titled “Remuneration of Copyright Owners” edited by Professor Kung-Chung Liu & Professor Reto Hilty (Max-Planck Institute for Innovation and Competition), which has been published by Springer Publishing in 2017.

Last updated on 17 Aug 2017 .