Flexible Copyright: The Law and Economics of Introducing and Open Norm in the Netherlands

Abstract

This study analyses the law and economics of introducing flexibility in the system of exceptions and limitations in Dutch copyright law. Flexibility would exist in an open norm, on the basis of which the courts can decide whether certain uses of copyrighted material are permissible or not, instead of explicitly defining this in the law. The report assesses problem areas where the lack of flexibility creates legal disputes and potential barriers to innovation and production. The core of the study concerns the analysis of the economic rationale and effects of introducing flexibility in the Dutch legal order in the form of an open norm.

Auteursrecht, Intellectuele eigendom

Bibtex

Report{nokey, title = {Flexible Copyright: The Law and Economics of Introducing and Open Norm in the Netherlands}, author = {van der Noll, R. and Weda, J. and Akker, I. and Guibault, L. and van Gompel, S. and Poort, J. and Breemen, J.}, url = {http://www.ivir.nl/publicaties/download/Flexible_Copyright.pdf}, year = {1101}, date = {2012-11-01}, abstract = {This study analyses the law and economics of introducing flexibility in the system of exceptions and limitations in Dutch copyright law. Flexibility would exist in an open norm, on the basis of which the courts can decide whether certain uses of copyrighted material are permissible or not, instead of explicitly defining this in the law. The report assesses problem areas where the lack of flexibility creates legal disputes and potential barriers to innovation and production. The core of the study concerns the analysis of the economic rationale and effects of introducing flexibility in the Dutch legal order in the form of an open norm.}, keywords = {Auteursrecht, Intellectuele eigendom}, }