Copyright from an Institutional Perspective: Actors, Interests and Institutional Design
Funding source: Swedish Research Council - Vetenskapsrådet (VR)
Period: 1/1/09 - 12/31/11
Description:
This project proposes a framework for analysis of modern copyright, proceeding from an institutional, participation-centered perspective (Komesar, 1994; North, 1990). Following institutional choice theory the approach implies comparing the changing conditions for actor participation in the market for creative works, in the political process, where the scope of the exclusive rights is being redefined, and in the judicial process where copyright is being enforced and fine-tuned. In the wake of the Infosoc Directive, a dynamic process of institutional adjustment seems to be unfolding in the Member States of the European Union whereby a variety of private, public and mixed institutional schemes for interpretation and enforcement of the new digital copyright are emerging. The project looks closely into the institutional design of these schemes and the modalities for participation of old and new stake holders (authors, producers, individual and corporate users, internet service providers). The objective is to generate insights into the reasons for the complexity and perceived imbalance of the present system and to provide normative guidance for future reform of copyright law through better institutional design. The project proceeds from analysis of the law and institutions in Sweden, but is designed as a comparative study of selected European jurisdictions in the light of European and global developments.
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