Project title: Collecting Management Organisations and Institutional Users
Researcher: Lucius Klobučník
Lucius Klobučník holds an LL.M. degree in general law at the Comenius University in Bratislava, Slovakia and an LL. M. degree in intellectual property law and competition law at the University of Helsinki.
He worked as a paralegal at an international law firm in Bratislava as well as for the Embassy of the Slovak Republic in Finland and the Slovak Innovation Liaison Office in Finland. He is active in an NGO and think tank Slovak Space Policy Association.
Publications: "The Requirement of "New Public" as One of Constituent Elements of Communication of the Copyright Protected Works to the Public in Digital World Under the European Union Law"; and "What are the Main Issues Raised by Space Mining"
The production of creative goods requires continuous access to information and data. In order to ensure an optimal balance between users’ access to information, and the creators/owners’ rights in relation to such information, copyright law has several intrinsic principles which limit the scope of protection for the benefit of the individual user, and for the benefit of institutional actors. Indeed, within the current digital climate, institutional actors are increasingly the main preservers and purveyors of information. Innovative business and licensing models are highly pertinent in this climate, not only to ensure the balance between copyright and access, but also to promote a common digital market. The research will investigate the relationship collective management organisations vis-à-vis institutional users such as libraries, educational institutions, archives and museums as regards access to information protected by copyright and the public interest. The research should yield a clear account of the degree to which interests of the institutions covered are in conflict.
ESR15 will analyse the relevant issues within two specific industry sectors (for example, books and/or journals, films, or music), adopting a comparative approach, and should focus on (i) how institutional users employ the various copyright principles, especially in relation to current limitations and exceptions; (ii) how the (divergent) business and licensing models are employed by both collective management organisations and institutional users, and their advantages and disadvantages; (iii) how all the various approaches can be harnessed as potential tools to generate competition between different institutional users; and (iv) whether there are potential lessons to be learnt from the divergent national practices, which can support future negotiations at the EU level.
Planned secondment(s): CISAC, and GEMA