Neighbouring Rights are Obsolete

Abstract

Neighbouring rights based on technological investment that do not provide for a threshold test and corresponding rule of scope, such as the phonographic right, the broadcaster’s right and Europe’s film producer’s right, are outdated and inherently unbalanced. The new press publisher’s right introduced by the EU DSM Directive is similarly unbalanced.

Links

Copyright, frontpage, minimum threshold, neighbouring right, pelham case, phonographic right, press publisher's right

Bibtex

Article{Hugenholtz2019f,
	title = {Neighbouring Rights are Obsolete},
	author = {Hugenholtz, P.},
	url = {https://www.ivir.nl/publicaties/download/IIC_2019.pdf},
	doi = {https://doi.org/10.1007/s40319-019-00864-3},
	year = {0903},
	date = {2019-09-03},
	journal = {IIC - International Review of Intellectual Property and Competition Law},
	abstract = {Neighbouring rights based on technological investment that do not provide for a threshold test and corresponding rule of scope, such as the phonographic right, the broadcaster’s right and Europe’s film producer’s right, are outdated and inherently unbalanced. The new press publisher’s right introduced by the EU DSM Directive is similarly unbalanced.},
	keywords = {Copyright, frontpage, minimum threshold, neighbouring right, pelham case, phonographic right, press publisher's right},
}