Drept & Internet - noutati si opinii

Citeva studii mai mult sau mai putin recente legate de drepul de autor :

1. Studiu excelent comandat de UE - multe referiri la armonizarea dreptului de autor si noile tendinte :
The Recasting of Copyright & Related Rights for the Knowledge Economy
Sumarul
Intreg studiul 1.7 MB

Citeva idei :
Extending the term of protection for related (neighbouring) rights
The authors of this study are not convinced by the arguments made in favour of a term extension. The term of protection currently laid down in the Term Directive (50 years from fixation or other triggering event) is already well above the minimum standard of the Rome Convention (20 years), and substantially longer than the terms that previously existed in many Member States.

An examination of the underpinnings of existing neighbouring rights regimes does not lend support to claims for term extension. Whereas copyright (author’s right) protects creative authorship, the rights of phonogram producers are meant to protect economic investment in
producing sound recordings. The related rights of phonogram producers have thus more in common with rights of industrial property, such as design rights, semiconductor topography rights, plant variety rights and the sui generis database right. Whereas all these rights share the same
‘investment’ rationale, their terms are considerably shorter, while setting higher threshold requirements. For example, whereas the database right requires ‘substantial investment’ in a database, the phonographic right requires no more than the making of a sound recording, be it a
complex studio production or simply a matter of ‘pushing a button’ on a recording device.
Indeed, a good argument could be made for shortening the term of protection for phonogram producers

2. Iarasi studiu comandat de UE - Impactul Open Source Software asupra inovatiei si competitivitatii in iCT
Study on the Economic impact of open source software on
innovation and the competitiveness of the Information and Communication
Technologies (ICT) sector in the EU. Final Report. 7 MB

This existing base of FLOSS software represents a lower bound of about 131 000 real person-years of effort that has been devoted exclusively by programmers. As this is mostly by individuals not directly paid for development, it represents a significant gap in national accounts of productivity. Annualised and adjusted for growth this represents at
least Euro 800 million in voluntary contribution from programmers alone each year, of which nearly half are based in Europe.

3. In final un raport britanic tot despre extinderea drepturilor producatorilor
Report commissioned by the Gowers review on the economic evidence on copyright term extension.

. As a consequence we believe it very likely that a term extension of the type under consideration would cause a net welfare loss to society. As it may be useful to the Gowers Team we attempt to provide an explicit estimate of the likely welfare change. Using a set of conservative parameter values (as detailed in the appendix below) we estimate the present value of welfare loss equal to approximately 7.8% of total current annual revenue, which expressed in monetary terms amounts to 155 million pounds.