João Pedro Quintais

Knocking on Heaven's Door - User Preferences on Digital Cultural Distribution

This paper explores the social, demographic and attitudinal basis of consumer support of a Copyright Compensation System (CCS), which, for a small monthly fee would legalise currently infringing online social practices such as private copying from illegal sources and online sharing of copyrighted works. We do this by first identifying how different online and offline, legal and illegal, free and paying content acquisition channels are used in the media market using a cluster-based classification of respondents. Second, we assess the effect of cultural consumption on the support for a shift from the status quo towards alternative, CCS-based forms of digital cultural content distribution. Finally, we link these two analyses to identify the factors that drive the dynamics of change in digital cultural consumption habits. Our study shows significant support to a CCS compared to the status quo by both occasional and frequent buyers of cultural goods, despite the widespread adoption of legal free and paying online services by consumers. The nature of these preferences are also explored with the inclusion of consumer preference intensities regarding certain CCS attributes. Our results have relevant policy implications, for they outline CCS as a reform option. In particular, they point evidence-based copyright reform away from its current direction in the EU of stronger enforcement measures, additional exclusive rights, and increased liability and duties of care for online platforms. This work shows that CCS may be an apt policy tool to hinder piracy and potentially increase right holder revenues, while respecting fundamental rights and promoting technological development.

Blockchain and smart contracts: the missing link in copyright licensing?

This article offers a normative analysis of key blockchain technology concepts from the perspective of copyright law. Some features of blockchain technologies—scarcity, trust, transparency, decentralized public records and smart contracts—seem to make this technology compatible with the fundamentals of copyright. Authors can publish works on blockchain creating a quasi-immutable record of initial ownership, and encode ‘smart’ contracts to license the use of works. Remuneration may happen on online distribution platforms where the smart contracts reside. In theory, such an automated setup allows for the private ordering of copyright. Blockchain technology, like Digital Rights Management 20 years ago, is thus presented as an opportunity to reduce market friction, and increase both licensing efficiency and the autonomy of creators. Yet, some of the old problems remain. The article examines the differences between new, smart-contract-based private ordering regime and the fundamental components of copyright law, such as exceptions and limitations, the doctrine of exhaustion, restrictions on formalities, the public domain and fair remuneration.

On peers and copyright: why the EU should consider collective management of P2P

This book analyzes the E.U.’s approach to P2P, a digital age technology that highlights the tensions between the Internet and a territorial and fragmented copyright law. It aims at providing the necessary legal qualification and context to understand why the E.U., while following an economic and socially onerous path, has thus far failed to achieve its deterrence goals. It is argued that a solution to this conundrum must be based on the use of copyright law and policy as tools for market organization and innovation growth, with respect for rights holders and users (sometimes) opposing interests and the existing legal framework. The best answer to mass online P2P uses seems to be that of collective rights management, as it offers an organized licensing and remuneration system compatible with the interests of stakeholders. This is especially true in the E.U., home to a developed and sophisticated market of CMOs, subject to numerous ECJ and Commission decisions, as well as varying E.U. institutional approaches, all pointing towards a preference for multi-territorial and pan-European licensing models. In this context, this book tests the compatibility of several non-voluntary and voluntary approaches to P2P with international treaties, the acquis or simply strategic policy considerations.