Networks of power in digital copyright law and policy : political salience, expertise and the legislative process / Benjamin Farrand.
2014
KJE2665 .F37 2014 (Map It)
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Details
Author
Title
Networks of power in digital copyright law and policy : political salience, expertise and the legislative process / Benjamin Farrand.
Published
Abingdon, Oxon ; New York, NY : Routledge, 2014.
Call Number
KJE2665 .F37 2014
ISBN
9780415854429 (hardback)
0415854423 (hardback)
9780203797921 (ebk)
0415854423 (hardback)
9780203797921 (ebk)
Description
x, 212 pages ; 25 cm
System Control No.
(OCoLC)839397046
Summary
"Focusing in particular on legislative initiatives concerning copyright and the internet, this book seeks to explain the reasons why copyright law in the EU has developed in a way perceived to be unduly restrictive yet fundamentally unable to address issues of the territoriality of copyright. Using an inter-disciplinary approach that combines legal analysis with political theory, such as Foucault's Networks of Power and Culpepper's Quiet Politics, Farrand explores how success in lobbying for changes in copyright law is the result of complex network relationships, perceptions of industry expertise, and the comparatively low political importance of copyright reform to the average European citizen. Networks of Power in Digital Copyright Law and Policy: Political Salience, Expertise and the Legislative Process therefore presents an original socio-political theoretical framework for assessing developments in Copyright Law. Written with clarity and new insight, this book will be accessible to those new to the areaa of political theory and EU Law, as well as being eminently suited to researchers and post-graduate students of law and politics"-- Provided by publisher.
"Networks of Power in Copyright Law considers the challenge of creating a harmonised international market for digital services. Pursuing an interdisciplinary perspective on the question of how copyright law remains restrictive, the book addresses the role of industry representatives, collecting societies and legislative/executive bodies in the development of contemporary digital copyright law. Focusing on the European Union, Benjamin Farrand argues that the harmonisation of copyright law is largely defined by the power relationships between legislative/executive bodies and industry representatives"-- Provided by publisher.
"Networks of Power in Copyright Law considers the challenge of creating a harmonised international market for digital services. Pursuing an interdisciplinary perspective on the question of how copyright law remains restrictive, the book addresses the role of industry representatives, collecting societies and legislative/executive bodies in the development of contemporary digital copyright law. Focusing on the European Union, Benjamin Farrand argues that the harmonisation of copyright law is largely defined by the power relationships between legislative/executive bodies and industry representatives"-- Provided by publisher.
Note
"Loosely based" on dissertation (doctoral) - European University Institute, 2011, under title: The Pan-European Licensing of Digital Music - The Effect of the Harmonisation of Copyright and the Role of Collecting Societies.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Introduction
1
Overview
4
Bibliography
6
1.
Networks of power, quiet politics and political salience: establishing a framework for analysing European digital copyright initiatives
8
Michel Foucault and networks of power
9
Power/knowledge and discourse
13
Quiet politics, business power and political salience
16
interaction between networks of power and quiet politics
20
Networks of power and networked governance
23
Concluding remarks: the application of networks of power and quiet politics to the development of digital copyright law and policy in the EU
26
Bibliography
27
2.
European digital copyright law
30
`European' copyright law?
31
Dominant discourses concerning the protection of copyright
34
impact of international agreements on the harmonization of copyright law in the EU
36
Information Society Directive
38
Term Extension for Sound Recordings Directive
42
Enforcement Directive
44
Recommendation on Collective Rights Management
47
Concluding remarks
50
Bibliography
51
3.
One market, divided? The fragmented state of the market for digital music distribution in the European Union, and judicial approaches to territorial restrictions
57
state of the digital music market
58
Do territorial restrictions on the provision of services constitute a hindrance to the single market?
60
application of Article 56 TFEU to territorial restrictions in the digital music market
63
Competition Law I: the (non) evidence of price-fixing
67
Competition Law II: licensing and territorial restrictions
72
Premier League, CISAC and territorial restrictions: where do
We go from here?
75
Concluding remarks
78
Bibliography
79
4.
Networks of power I: the role of industry representatives in framing policies regarding the scope and duration of copyright
85
Information Society Directive: the rationale of the knowledge economy
86
Market failures, copyright economics and digital distribution: the framework for the property discourse
88
Networks of power and quiet politics in the information society
92
Term extension: the rationales of author protection and incentivization
96
Conflict between experts and the establishment of a dominant discourse on optimal terms for sound recordings
98
Networks of power and quiet politics in the term extension debate
100
Concluding remarks
104
Bibliography
105
5.
Networks of power II: the role of industry representatives in framing policies regarding the enforcement of copyright
110
information society, enforcement and discourse: the rationale of threat
111
Known knowns, known unknowns, unknown unknowns: the impact of digital piracy
113
Networks of power and quiet politics in the enforcement of copyright
117
enforcement of copyright and intermediaries: the rationale of regulated self-regulation
120
Regulatory capitalism, the internet and regulated self-regulation: a frame for the responsibility of intermediaries
121
Networks of power, quiet politics and intermediary involvement in the regulation of copyright
124
Concluding remarks
128
Bibliography
129
6.
Networks of power III: the role of industry representatives in framing policies regarding cross-border licensing
136
What is a collecting society and how does it function?
136
traditional perception of the role of collecting societies
138
internet has changed everything (except collecting society practices): reciprocity off and online
142
Is competition always the best policy? Discourses concerning multi-territory licensing and the construction of collecting societies as a competition problem
145
Networks of power, quiet politics, and initiatives in the field of cross-border licensing
150
Concluding remarks
155
Bibliography
156
7.
Power and resistance I: where there is power, there is resistance
161
Power and resistance
162
Resistance and the Court of Justice of the European Union: an internalized resistance in the discourse of copyright enforcement
165
Resistance and academics: internalized resistance in the form of critique
170
Concluding remarks
175
Bibliography
176
8.
Power and resistance II: (in)civil society, changing networks and the unquiet politics
179
Anti-Counterfeiting Trade Agreement (ACTA)
180
Resistance to ACTA: the use of the internet in protest and forming issue networks
183
Networks of power and resistance, unquiet politics and the political salience of copyright policy
189
Conclusion
194
Bibliography
199
Index
207