Current Copyright Policy Tendencies in 2015: Further Weakening of Limits and Exceptions and the Ever Reducing Public Domain

24 Pages Posted: 12 Aug 2015

See all articles by Rodrigo Cetina Presuel

Rodrigo Cetina Presuel

UPF Barcelona School of Management; Harvard Law School

Loreto Corredoira y Alfonso

Complutense University

Date Written: July 13, 2015

Abstract

In 2015, Spain's new copyright law entered into effect including many new provisions including one that requires Universities to pay Collecting Societies for using manuals and textbooks made available online in virtual campuses. This license cannot be waived and means that Universities have to pay even for works released under free licenses, such as Creative Commons, and for works already in the public domain. This weakens the protection offered by limits such as the one in favor of educational uses (art. 32 of the Spanish copyright act) and also reduces the public domain as it establishes unalienable licenses for content no longer in copyright. This, and other copyright policy tendencies such as various international treaties, at the moment still under discussion, or books rights holders seeking to restrict uses for text and data mining indicate that in 2015 further reducing limits on copyright and the free uses of work in the public domain will continue. We analyze these cases and propose solutions.

Keywords: Copyright, limits on copyright, public domain, users’ rights, intellectual property

Suggested Citation

Cetina Presuel, Rodrigo and Corredoira y Alfonso, Loreto, Current Copyright Policy Tendencies in 2015: Further Weakening of Limits and Exceptions and the Ever Reducing Public Domain (July 13, 2015). Available at SSRN: https://ssrn.com/abstract=2642088 or http://dx.doi.org/10.2139/ssrn.2642088

Rodrigo Cetina Presuel (Contact Author)

UPF Barcelona School of Management ( email )

Carrer de Balmes, 132, 134
Barcelona, 08008
Spain

Harvard Law School ( email )

Cambridge, MA 02138
United States

Loreto Corredoira y Alfonso

Complutense University ( email )

Avda. Complutense, s/n
Madrid, Madrid 28040
Spain

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