Die urheberrechtliche Zwangslizenz
Copyright law prevents market failure by making intangible goods exclusive and thus marketable. Exclusivity, however, has a downside: If the right holder prohibits uses without making them himself (in a certain way), out-of-print works lie dormant, innovations are hindered, and scientific journals a...
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| Format: | Electronic Book Chapter |
| Published: |
Nomos Verlagsgesellschaft mbH & Co. KG
2018
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| Series: | Abhandlungen zum Urheber- und Kommunikationsrecht
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| Subjects: | |
| Online Access: | DOAB: download the publication DOAB: description of the publication |
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| Summary: | Copyright law prevents market failure by making intangible goods exclusive and thus marketable. Exclusivity, however, has a downside: If the right holder prohibits uses without making them himself (in a certain way), out-of-print works lie dormant, innovations are hindered, and scientific journals are made prohibitively more expensive. The remedy could be a compulsory copyright licence. This special type of obligation to contract regulated by copyright law - the right holder must grant a licence, but can negotiate the conditions - leads a shadowy existence in literature and legislation. The aim of the work is to close this gap. First, using a comparative law approach and the goal of "normative efficiency", the author analyses whether and in which cases a compulsory copyright licence should be regulated. He then examines how the compulsory copyright licence could be designed in order to be effective and compatible with international, EU and constitutional law. |
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| Physical Description: | 1 electronic resource (650 p.) |
| ISBN: | /dx.doi.org/10.5771/9783845292991 9783845292991 |
| Access: | Open Access |