| dc.description.abstract | This thesis argues that copyright law, in both the United Kingdom and the United States, has become predominantly focused on creating and maintaining and creating new and pre-existing legal interests for economic exploitation. The early eighteenth century aims of copyright law, as put forward by the legislatures, courts, and academics, were not predicated solely on the protection of owners interests. Instead, upon exploration, copyright has moved away from its original objectives such as the dissemination of information and the improvement of learning, and instead has created an environment of exclusive control to procure increased profits in the digital age. This is considered to be inappropriate in the digital era as content recipients now have an increased capacity to creatively re-use digital content in the production of unique and innovative works. The result of these developments has been the creation of an environment of panoptic surveillance and digital licensing that is discouraging creativity based on proprietary rights. This has meant that potential creators and recipients obtain needless licenses, clearances, and permissions under an impulse to avoid the litigation process for either copyright infringement or contractual breaches to avoid legal liability. Ultimately, there has been an emphasis on the control of works, as opposed to creativity, where digital technology and the application of copyright thereof is being utilised by copyright owners, who can avoid the due process of law under the current law. Indeed, the protection of right holder interests can reasonably be said to be analogous to encouraging creativity, but it is suggested that in the digital environment this assumption is perpetuating current business models at the expense of user freedom and creativity. This thesis argues that copyright has been fundamental to creating the current system due to the way it operates in the digital world. To do so, the thesis considers how the internet created new forms of dissemination that were extremely difficult to control with the law and how these same factors represented an economic and ideological challenge to the music industry. To this end, the thesis analyses the role of capitalism and proprietary rights in the development of the current system. This includes how copyright law has influenced the development of the current streaming business model using digital contracts via licensing. The extent to which licenses are now serving to increase the control that copyright holders can exert over their works and the potential for contract to restrict re-use is also considered. The thesis, therefore, suggests that these issues would be reduced if there was a more cost-efficient copyright regime that could increase individual access to the material. This also includes using specific legislation to counteract the issue of contracts in the digital marketplace. To achieve this, the thesis outlines reform proposals which embody the foundational underpinnings behind the creation and existence of copyright like the dissemination of information. This could be achieved through driving down prices which are predicted to create a more financially accessible system. The proposals will also recommend the outlawing of agreements which prevent the application, or otherwise obscure the enforcement, of legitimate copyright limitations. This will be done to the effect that the reforms are still applicable under the agreement. However, this will not affect individual contractual enforceability, except where the terms of the agreement act to otherwise prevent the enforceability of the reforms. As a result, the reforms recognise the underlying principle that copyright is fundamentally a property right. Ultimately, the aim is to lessen the overt focus upon economic exploitation and enhance the transferability of digital assets by freeing up some of the constraints through creating more financially accessible works and limiting the impact of contracts. In so doing, the thesis proposes a ‘capping’ system that places a ‘cap’ on what can be charged for a work. The basic tenet of this system is: (The size of the work) = (The maximum price it can be market for until (x) number of copies/amount are/is sold in accordance with the figure imposed by the capping system). Under the proposed system, rightsholders and distributors will have to declare the accuracy of their numbers under a formal system of registration. Then, once the qualifying (number/amount/duration) of (works) have been sold/licensed in accordance with the rules imposed by the guidelines provided: the work can be sold/licensed at a rate chosen by the owner. If there is a conflict where, for example, a work is otherwise contended to be outside of the regulation of the proposed framework, for whatever reason, it will be for an administrative body to adjudicate on such issues. This system aims to reduce costs overall within copyright which could increase the number of works available due to increased financial accessibility, including the prevention of any undermining by contract. The current copyright systems, based around economic exploitation and proprietary-based exclusivity, have become too influenced by these factors. Recognising this, the proposed system adopts elements from all the factors that have contributed to the creation of the current system. The revised system seeks to lessen the focus on the exploitation of copyrighted goods, by regulating the sale, and re-use, of works. Therefore, the proposals aim to provide a framework that could reduce prices overall and will have an effect beyond enforcement. This will be done by working with capitalism to provide a practical basis towards dealing with the issues raised in the thesis to procure more accepted change. The law is correct as on 10th July 2020. | en_GB |
