Daniel Gervais


Related rights in United States law

Gervais, D.J.

This article explains the origin of the rights of performers, sound recording producers, audiovisual producers and broadcasters in the United States. As US law does not formally recognize a category of ‘related rights’, some of those rights exist under copyright law and are, therefore, subject to copyright rules such as the originality requirement, the possibility for authors to claim rights back 35 years after a transfer by contract, and the work-made-for-hire doctrine. Other rights are protected under different statutes.


Blockchain and smart contracts: the missing link in copyright licensing?

Bodó, B.

Gervais, D.J.

Quintais, J.

This article offers a normative analysis of key blockchain technology concepts from the perspective of copyright law. Some features of blockchain technologies—scarcity, trust, transparency, decentralized public records and smart contracts—seem to make this technology compatible with the fundamentals of copyright. Authors can publish works on blockchain creating a quasi-immutable record of initial ownership, and encode ‘smart’ contracts to license the use of works. Remuneration may happen on online distribution platforms where the smart contracts reside. In theory, such an automated setup allows for the private ordering of copyright. Blockchain technology, like Digital Rights Management 20 years ago, is thus presented as an opportunity to reduce market friction, and increase both licensing efficiency and the autonomy of creators. Yet, some of the old problems remain. The article examines the differences between new, smart-contract-based private ordering regime and the fundamental components of copyright law, such as exceptions and limitations, the doctrine of exhaustion, restrictions on formalities, the public domain and fair remuneration.


The cultural role(s) of collective management organizations

Gervais, D.J.

Collective management organizations (CMOs) are, first and foremost, copyright and related rights licensing bodies managing vast sums of money. That does not, however, define the entire scope of their activities. For example, the 2014 EU Directive on collective management notes that CMOS "play, and should continue to play, an important role as promoters of the diversity of cultural expression". This article explains and evaluates the cultural functions that CMOs play.


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