Schovsbo, Jens --- "The Necessity to Collectivize Copyright – and Dangers Thereof" [2012] ELECD 199; in Rosén, Jan (ed), "Individualism and Collectiveness in Intellectual Property Law" (Edward Elgar Publishing, 2012)

Book Title: Individualism and Collectiveness in Intellectual Property Law

Editor(s): Rosén, Jan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857938978

Section: Chapter 8

Section Title: The Necessity to Collectivize Copyright – and Dangers Thereof

Author(s): Schovsbo, Jens

Number of pages: 26

Extract:

8. The necessity to collectivize
copyright ­ and dangers thereof
Jens Schovsbo1

1. INTRODUCTION

My title calls for attention in two directions. Firstly, I will reflect on the
claim that copyright "needs" to be collectivized. Secondly, I will describe
some of the dangers ­ and benefits ­associated with this. These two aspects
are closely interlinked: if one accepts that there is a need to collectivize
copyright then probably one would also be willing to accept some level of
danger. If on the other hand, there is no clear need to collectivize copyright
then why accept the unpleasant by-products of such a process? In this
way, the title also indicates that any decisions to further or to restrict "col-
lectivization" of copyright involve a balancing of interests. It is my basic
premise that the purpose of such balancing should be to further societal
interests at large rather than the interests of special groups be that authors,
users or collecting societies. In this regard the collectivization of copyright
is an interesting case. It shows how copyright has been and is being used
in practice in ways to overcome some of the structural limitations which
are built into the copyright system when it comes to mass uses. At the
same time, it demonstrates how copyright as part of that process has been
transformed from a system based on property rules to a system based also
on liability rights. And how it has survived. In this way the following may
include lessons for other IPRs.
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