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DEROGATING REGULATIVE AND ENFORCEMENT POWERS IN COPYRIGHT PROTECTION IN THE DIGITAL MARKET: A TROJAN HORSE FOR THE EU?
Branka Marušić
orcid.org/0000-0002-8332-6692
; Stockholm University
Sažetak
The proposal for a Directive on Copyright in the Digital Market
contains a proposal to harmonise protection of copyright in the
digital market and to close the so-called ‘value gap’. The value gap is
a term that, in the realm of online copyright dissemination, signifies a
situation where the right holder (for example, the author of a song) is
not adequately remunerated for his or her work. This situation usually
occurs when his or her song is made available on an online platform,
such as YouTube, and he or she is not paid for the use and enjoyment
of the work. The current market mechanism to tackle this problem is
done via licensing schemes.
This paper will analyse the possible Trojan horse that is hidden in this
proposal in order to ask whether, when it comes to online regulation
and enforcement of copyright, the deployment of article 114 TFEU is
the correct legal basis for the EU to enhance accountability of internet
service providers in the regulation and enforcement of copyright.
Ključne riječi
Hrčak ID:
193060
URI
Datum izdavanja:
31.12.2017.
Posjeta: 892 *