Research project

Investigator:
Martin Miernicki

Abstract:
The environment for the management of copyrights has changed significantly since the introduction of the first copyright statutes. Technological innovations have created new modes of consumption and have triggered the adoption of limitations to copyright and rights to remuneration. Nevertheless, in both the United States and the European Union, the design of copyright law has not fundamentally changed, as it is still organized as a bundle of exclusive rights. Scholars, public authorities and private actors on both sides of the Atlantic question the status quo and have made numerous proposals for copyright reform, particularly with regards to the online environment. This paper analyzes and systematizes, as a first step, important contributions and influential proposals made in the United States and the European Union, identifying which of these are specific to one or applicable to both jurisdictions. As a second step, it discusses the problems and obstacles which have prevented a comprehensive reform process. The research will conclude with an assessment of the current situation and an outlook on future developments.