Publication Date:
2023-12-20
Description:
Copyright law prevents market failure by making intangible goods exclusive and thus marketable. Exclusivity, however, has a downside: If the right holder prohibits uses without making them himself (in a certain way), out-of-print works lie dormant, innovations are hindered, and scientific journals are made prohibitively more expensive. The remedy could be a compulsory copyright licence. This special type of obligation to contract regulated by copyright law – the right holder must grant a licence, but can negotiate the conditions – leads a shadowy existence in literature and legislation. The aim of the work is to close this gap. First, using a comparative law approach and the goal of “normative efficiency”, the author analyses whether and in which cases a compulsory copyright licence should be regulated. He then examines how the compulsory copyright licence could be designed in order to be effective and compatible with international, EU and constitutional law.
Keywords:
K1-7720
;
urheberrechtliche Zwangslizenz
;
compulsory licence
;
Lizenz
;
Urheberrecht
;
Weber
;
Geistiges Eigentum
;
Zwangslizenz
;
Kontrahierungszwang
;
licence obligatoire
;
Kommunikationsrecht
;
bic Book Industry Communication::L Law
Language:
German
Format:
image/png
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