Permissibility of Non-Voluntary Collective Management of Copyright Under EU Law: The Case of the French Law on Out-of-Commerce Books

JIPITEC, 2016, Vol. 7(1)

20 Pages Posted: 9 Jun 2016

See all articles by Oleksandr Bulayenko

Oleksandr Bulayenko

Université de Strasbourg - CEIPI; Institute of Information Law (IViR)

Multiple version iconThere are 2 versions of this paper

Date Written: May 1, 2016

Abstract

The possibility of the EU member states to adapt copyright legislation to new circumstances and to address unforeseen issues is limited by the list of exceptions and restrictions of the InfoSoc Directive. In spite of this constraint, the EU copyright framework provides for a possibility of introduction of non-voluntary forms of collective rights management that can help to tackle some of the contemporary problems with remuneration and access.

This article is an attempt to deepen the understanding of non-voluntary collective management and its possible use. First, it provides a detailed description of the French mechanism adopted for facilitating mass digitization and making out-of-commerce books available, which was implemented through a new form of collective management of copyright. Then, it examines the mechanism’s compatibility with the InfoSoc Directive through comparison with the extended collective licensing.

Keywords: Copyright, EU, Collective Management, French, Mass Digitisation, Out-of-Commerce, Books, Mandatory, Extended License, CJEU, C-301/15, Soulier and Doke, InfoSoc, Exceptions, Limitations

Suggested Citation

Bulayenko, Oleksandr, Permissibility of Non-Voluntary Collective Management of Copyright Under EU Law: The Case of the French Law on Out-of-Commerce Books (May 1, 2016). JIPITEC, 2016, Vol. 7(1), Available at SSRN: https://ssrn.com/abstract=2792008

Oleksandr Bulayenko (Contact Author)

Université de Strasbourg - CEIPI ( email )

7 rue de l'Ecarlate
CS 20024
Strasbourg, 67082
France

HOME PAGE: http://www.ceipi.edu

Institute of Information Law (IViR)

Rokin 84
Amsterdam, 1012 KX
Netherlands

HOME PAGE: http://https://www.ivir.nl/

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
120
Abstract Views
685
Rank
315,815
PlumX Metrics