Copyright exploitation in the digital world : ownership, licensing and the consumer

Abstract

The aim of this thesis is to identify the major copyright exploitation methods in the digital age and the legislative frameworks and initiatives having bearing on this very important industry in the EU. Copyright exploitation was made possible through the historic development of the externalisation of the works of the mind, which were not immediately recognised throughout history, and in fact came much later than standard ownership over other forms of property. This thesis discussed the philosophical development of the concepts leading to copyright exploitation with a focus then being made on the premier mode of exploitation in the digital world, licensing albeit from a consumer perspective. Mass-market licensing forms are delved into together with challenges technological prowess imposes on copyrighted content agreements. The principle of exhaustion is a topical issue in the sphere of digital content subject to copyright protection and together with other consumer rights in digital content is an area of great uncertainty. This thesis seeks to expose these difficulties which consumers transacting in digital content face on a daily basis. Consumers are uncertain about the nature of the transaction, which affects their rights especially if problems crop up. Dealing in licensed content is commonly referred to as buying and selling which in other industries would entail a transfer of ownership, however, although buying a tangible book and a digital e-book may seem equivalent, the former transfers ownership in the copy while the latter only grants a limited right of use. Copyrighted content is also treated differently vis-à-vis consumer rights depending on its mode of exploitation, with inequalities subsisting between tangible and intangible forms of distribution. Finally, future initiatives in the realm of copyright exploitation on a EU wide level is also discussed in the face of criticism to what till now is still only a piece meal harmonisation approach.