Copyright Law in Transition. Culture Versus Social Norms and Perceptions.

66 Pages Posted: 22 Aug 2016

See all articles by Michał Danielewicz

Michał Danielewicz

Centrum Cyfrowe Projekt: Polska

Alek Tarkowski

Open Future Foundation; Open Future Foundation; Centrum Cyfrowe Projekt: Polska

Date Written: january 1, 2013

Abstract

For over a decade, we have been witnessing massive changes of social behaviours regulated by copyright law. At the same time we’ve also witnessed the emergence of new forms of expression, new channels of content distribution and a growing sphere of informal, unauthorized exchange of content. Each of these is a case of democratisation – or rather popularisation – of practices regulated by copyright law, which until recently applied to only a small group of professional creators and intermediaries.

Changes to ways of enjoying and using culture (and other content regulated by copyright law) are so vast and common, and so far removed from the law currently in force, that keeping it in its present form is becoming increasingly difficult – especially if we recognise the fact that social reality and the law should be coherent with one another. We face a serious risk: the new copyright law, instead of addressing the situation, may become a new system for digitally controlling citizens. It may also create a justification for attempts to invigilate society. Such solutions have been at the core of international agreements such as ACTA or TPP. New attempts to tune network space with the realities of politics will no doubt be made, and today the danger of limiting citizens’ freedom is very real.

The matter of the unavoidable copyright law reform is too vital and concerns too many people – more than 10 million Polish Internet users – to be left in the hands of a narrow group of stakeholders and lawyers representing the interests of creative sector businesses. It is not relevant whether those businesses operate within the old or the new economy. It is crucial to include the users of content in the public debate and allow the interests of this key group to be represented. At present this group remains absent from the public debate: it has no representation, no voice.

Our report is an attempt to give it a voice. We describe the dominating norms and perceptions that function in Polish society and that revolve around the issue of content usage constituting intellectual property, mostly in the digital environment. What is permitted, and what is not? What is right, and what is wrong? By defining the subject of our study in this way we can widen its scope beyond merely assessing a general aware- ness of copyright regulations currently in force. Instead, we aim to provide a framework for reconstructing norms, on which reformed copyright law can be based.

Keywords: copyright, copynorms

Suggested Citation

Danielewicz, Michał and Tarkowski, Alek and Tarkowski, Alek and Tarkowski, Alek, Copyright Law in Transition. Culture Versus Social Norms and Perceptions. (january 1, 2013). Available at SSRN: https://ssrn.com/abstract=2826493 or http://dx.doi.org/10.2139/ssrn.2826493

Michał Danielewicz

Centrum Cyfrowe Projekt: Polska ( email )

ul. Andersa 29
Warsaw, 02-536
Poland

Alek Tarkowski (Contact Author)

Open Future Foundation ( email )

Bonairestraat 9
Amsterdam
Netherlands

HOME PAGE: http://openfuture.eu

Centrum Cyfrowe Projekt: Polska ( email )

ul. Andersa 29
Warsaw, 02-536
Poland

HOME PAGE: http://centrumcyfrowe.pl

Open Future Foundation ( email )

Bonairestraat 9
Amsterdam
Netherlands

HOME PAGE: http://openfuture.eu

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