An alternative universe? Authors as copyright owners- the case of the Japanese Manga Industry

An alternative universe? Authors as copyright owners- the case of the Japanese Manga Industry external link

Creative Industries Journal, vol. 2019, 2019

Abstract

Comics today are a major business and they form the source material for a whole range of sectors in the creative industries. In an environment where major investments are necessary to turn a comic into a cross-media success, commercial intermediaries such as Disney have become the key copyright holders. By controlling the copyright, they ensure full control over all aspects of its monetisation. However, this is not the only way success can be achieved on a commercial scale. In Japan, the creators of comics (Mangaka) keep their copyright- a direct contradiction to current copyright thinking. This paper addresses this conundrum by examining both the Manga business and copyright law to identify if the reasons why copyright is not centralised in the hands of the commercial intermediary, especially the publishers. The analysis will show that while there are differences between Japan and the EU/US, but these do not affect the role of copyright law and indeed failing to acquire the rights is a choice, not a necessity. Instead, this article will highlight that the competitive Manga market in combination with the uniquely Japanese publication right and social control best explain why Mangas are successful and Mangaka keep their rights.

Links

https://www.tandfonline.com/doi/full/10.1080/17510694.2018.1563420

business model, commercial intermediaries, Copyright, frontpage, Japan, Manga, windowing strategy

RIS

TY  - JOUR
AU  - S.
AU  - Schroff
PY  - 0131
DA  - 2019-01-31
T1  - An alternative universe? Authors as copyright owners- the case of the Japanese Manga Industry
JO  - Creative Industries Journal
VL  - 2019
UR  - https://www.tandfonline.com/doi/full/10.1080/17510694.2018.1563420
AB  - Comics today are a major business and they form the source material for a whole range of sectors in the creative industries. In an environment where major investments are necessary to turn a comic into a cross-media success, commercial intermediaries such as Disney have become the key copyright holders. By controlling the copyright, they ensure full control over all aspects of its monetisation. However, this is not the only way success can be achieved on a commercial scale. In Japan, the creators of comics (Mangaka) keep their copyright- a direct contradiction to current copyright thinking. This paper addresses this conundrum by examining both the Manga business and copyright law to identify if the reasons why copyright is not centralised in the hands of the commercial intermediary, especially the publishers. The analysis will show that while there are differences between Japan and the EU/US, but these do not affect the role of copyright law and indeed failing to acquire the rights is a choice, not a necessity. Instead, this article will highlight that the competitive Manga market in combination with the uniquely Japanese publication right and social control best explain why Mangas are successful and Mangaka keep their rights.
K1  - business model
K1  - commercial intermediaries
K1  - Copyright
K1  - frontpage
K1  - Japan
K1  - Manga
K1  - windowing strategy
ER  -

Save .RIS

Bibtex

Article{Schroff2019,
	title = {An alternative universe? Authors as copyright owners- the case of the Japanese Manga Industry},
	author = {S. and Schroff},
	year = {0131},
	date = {2019-01-31},
	journal = {Creative Industries Journal},
	volume = {2019},
	abstract = {Comics today are a major business and they form the source material for a whole range of sectors in the creative industries. In an environment where major investments are necessary to turn a comic into a cross-media success, commercial intermediaries such as Disney have become the key copyright holders. By controlling the copyright, they ensure full control over all aspects of its monetisation. However, this is not the only way success can be achieved on a commercial scale. In Japan, the creators of comics (Mangaka) keep their copyright- a direct contradiction to current copyright thinking. This paper addresses this conundrum by examining both the Manga business and copyright law to identify if the reasons why copyright is not centralised in the hands of the commercial intermediary, especially the publishers. The analysis will show that while there are differences between Japan and the EU/US, but these do not affect the role of copyright law and indeed failing to acquire the rights is a choice, not a necessity. Instead, this article will highlight that the competitive Manga market in combination with the uniquely Japanese publication right and social control best explain why Mangas are successful and Mangaka keep their rights.},
	keywords = {business model, commercial intermediaries, Copyright, frontpage, Japan, Manga, windowing strategy},
}

Save .bib

Truce in the Copyright War? The Pros and Cons of Copyright Compensation Systems for Digital Use external link

Handke, C.W., Quintais, J. & Bodó, B.

Review of Economic Research on Copyright Issues, vol. 15, num: 2, pp: 23-56, 2019

Abstract

This paper discusses copyright compensation systems (CCS) -- that provide licenses for downloading and non-commercial use of copyright works in return for a fee -- in the light of welfare economics and transaction cost economics. Recent empirical studies suggest that CCS could improve social welfare at least for recorded music. The general theme of the theoretical discussion in this paper is a simplicity-flexibility trade-off. On the one hand, CCS seek to reduce the costs of administering and trading copyrights online. On the other hand, standard copyright licenses distort the market mechanism. This paper discusses the costs and benefits of various CCS proposals compared to alternative ways of managing copyright online.

Links

https://ssrn.com/abstract=3311019

compensation systems, Copyright, frontpage

RIS

TY  - JOUR
AU  - Handke, C.W.
AU  - Quintais, J.
AU  - Bodó, B.
PY  - 2019
DA  - 2019-01-16
T1  - Truce in the Copyright War? The Pros and Cons of Copyright Compensation Systems for Digital Use
JO  - Review of Economic Research on Copyright Issues
VL  - 15
NV  - 2
SP  - 23-56
UR  - https://ssrn.com/abstract=3311019
AB  - This paper discusses copyright compensation systems (CCS) -- that provide licenses for downloading and non-commercial use of copyright works in return for a fee -- in the light of welfare economics and transaction cost economics. Recent empirical studies suggest that CCS could improve social welfare at least for recorded music. The general theme of the theoretical discussion in this paper is a simplicity-flexibility trade-off. On the one hand, CCS seek to reduce the costs of administering and trading copyrights online. On the other hand, standard copyright licenses distort the market mechanism. This paper discusses the costs and benefits of various CCS proposals compared to alternative ways of managing copyright online.
K1  - compensation systems
K1  - Copyright
K1  - frontpage
ER  -

Save .RIS

Bibtex

Article{HandkeBodoQuintais2018,
	title = {Truce in the Copyright War? The Pros and Cons of Copyright Compensation Systems for Digital Use},
	author = {Handke, C.W. and Quintais, J. and Bodó, B.},
	year = {2019},
	date = {2019-01-16},
	journal = {Review of Economic Research on Copyright Issues},
	volume = {15},
	number = {2},
	pages = {23-56},
	abstract = {This paper discusses copyright compensation systems (CCS) -- that provide licenses for downloading and non-commercial use of copyright works in return for a fee -- in the light of welfare economics and transaction cost economics. Recent empirical studies suggest that CCS could improve social welfare at least for recorded music. The general theme of the theoretical discussion in this paper is a simplicity-flexibility trade-off. On the one hand, CCS seek to reduce the costs of administering and trading copyrights online. On the other hand, standard copyright licenses distort the market mechanism. This paper discusses the costs and benefits of various CCS proposals compared to alternative ways of managing copyright online.},
	keywords = {compensation systems, Copyright, frontpage},
}

Save .bib

Thou shalt not sample…without permission! external link

Quintais, J. & Jütte, B.J.

Kluwer Copyright Blog, vol. 2019, 2019

Links

http://copyrightblog.kluweriplaw.com/2019/01/02/thou-shalt-not-sample-without-permission/

Copyright, frontpage, sampling

RIS

Save .RIS

Bibtex

Save .bib

Protecting traditional cultural expressions – copyright tensions and human rights opportunities? external link

Breemen, J.

Critical Indigenous Rights Studies, Routledge, 0928, pp: 108-133, ISBN: 9781138729339

Abstract

The protection of traditional cultural expressions (TCEs) is not a straightforward issue. At first sight, characteristics of TCEs and their protection suggest similarity to copyright works. However, TCE protection should not be viewed as simply an (isolated) intellectual property issue. Rather, the protection of TCEs is part of a broader (political) context and struggle for rights. The chapter focuses on showing the complexity of the interrelation between copyright and indigenous peoples’ rights. It argues that a cultural and indigenous rights perspective could help address tensions deriving from differing worldviews, the application of dominant, existing legal frameworks and diverging understandings of protecting creativity and works of culture.

Links

https://www.routledge.com/Critical-Indigenous-Rights-Studies/Corradi-de-Feyter-Desmet-Vanhees/p/book/9781138729339

Copyright, crossing legal boundaries, cultural rights, frontpage, indigenous rights, Intellectual property, protection issues, TCEs, traditional cultural expressions, UN Declaration on the Rights of Indigenous Peoples, WIPO

RIS

TY  - CHAP
AU  - Breemen, J.
PY  - 0928
DA  - 2018-09-28
T1  - Protecting traditional cultural expressions – copyright tensions and human rights opportunities?
SP  - 108-133
UR  - https://www.routledge.com/Critical-Indigenous-Rights-Studies/Corradi-de-Feyter-Desmet-Vanhees/p/book/9781138729339
AB  - The protection of traditional cultural expressions (TCEs) is not a straightforward issue. At first sight, characteristics of TCEs and their protection suggest similarity to copyright works. However, TCE protection should not be viewed as simply an (isolated) intellectual property issue. Rather, the protection of TCEs is part of a broader (political) context and struggle for rights. The chapter focuses on showing the complexity of the interrelation between copyright and indigenous peoples’ rights. It argues that a cultural and indigenous rights perspective could help address tensions deriving from differing worldviews, the application of dominant, existing legal frameworks and diverging understandings of protecting creativity and works of culture.
K1  - Copyright
K1  - crossing legal boundaries
K1  - cultural rights
K1  - frontpage
K1  - indigenous rights
K1  - Intellectual property
K1  - protection issues
K1  - TCEs
K1  - traditional cultural expressions
K1  - UN Declaration on the Rights of Indigenous Peoples
K1  - WIPO
ER  -

Save .RIS

Bibtex

Chapter{Breemen2018f,
	title = {Protecting traditional cultural expressions – copyright tensions and human rights opportunities?},
	author = {Breemen, J.},
	year = {0928},
	date = {2018-09-28},
	pages = {108-133},
	abstract = {The protection of traditional cultural expressions (TCEs) is not a straightforward issue. At first sight, characteristics of TCEs and their protection suggest similarity to copyright works. However, TCE protection should not be viewed as simply an (isolated) intellectual property issue. Rather, the protection of TCEs is part of a broader (political) context and struggle for rights. The chapter focuses on showing the complexity of the interrelation between copyright and indigenous peoples’ rights. It argues that a cultural and indigenous rights perspective could help address tensions deriving from differing worldviews, the application of dominant, existing legal frameworks and diverging understandings of protecting creativity and works of culture.},
	keywords = {Copyright, crossing legal boundaries, cultural rights, frontpage, indigenous rights, Intellectual property, protection issues, TCEs, traditional cultural expressions, UN Declaration on the Rights of Indigenous Peoples, WIPO},
}

Save .bib

Before the Singularity: Copyright and the Challenges of Artificial Intelligence external link

González Otero, B., & Quintais, J.

Kluwer Copyright Blog, vol. 2018, 2018

Links

http://copyrightblog.kluweriplaw.com/2018/09/25/singularity-copyright-challenges-artificial-intelligence/

Artificial intelligence, Copyright, frontpage

RIS

Save .RIS

Bibtex

Save .bib

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

Bodó, B., Gervais, D.J. & Quintais, J.

International Journal of Law and Information Technology, vol. 2018, num: 4, pp: 311-336, 2018

Abstract

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.

Links

blockchain, Copyright, frontpage, Licensing, smart contracts

RIS

TY  - JOUR
AU  - Bodó, B.
AU  - Gervais, D.J.
AU  - Quintais, J.
PY  - 0927
DA  - 2018-09-27
T1  - Blockchain and smart contracts: the missing link in copyright licensing?
JO  - International Journal of Law and Information Technology
VL  - 2018
NV  - 4
SP  - 311-336
UR  - https://www.ivir.nl/publicaties/download/IJLIT_2018.pdf
https://academic.oup.com/ijlit/advance-article/doi/10.1093/ijlit/eay014/5106727
DO  - https://doi.org/10.1093/ijlit/eay014
AB  - 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.
K1  - blockchain
K1  - Copyright
K1  - frontpage
K1  - Licensing
K1  - smart contracts
ER  -

Save .RIS

Bibtex

Article{Bodó2018d,
	title = {Blockchain and smart contracts: the missing link in copyright licensing?},
	author = {Bodó, B. and Gervais, D.J. and Quintais, J.},
	doi = {https://doi.org/10.1093/ijlit/eay014},
	year = {0927},
	date = {2018-09-27},
	journal = {International Journal of Law and Information Technology},
	volume = {2018},
	number = {4},
	pages = {311-336},
	abstract = {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.},
	keywords = {blockchain, Copyright, frontpage, Licensing, smart contracts},
}

Save .bib

Fixing Copyright Reform: How to Address Online Infringement and Bridge the Value Gap external link

Angelopoulos, C. & Quintais, J.

Kluwer Copyright Blog, 2018

Links

http://copyrightblog.kluweriplaw.com/2018/08/30/fixing-copyright-reform-address-online-infringement-bridge-value-gap/

Auteursrecht, Copyright, enforcement, European Union, frontpage, infringement

RIS

Save .RIS

Bibtex

Save .bib

Global Online Piracy Study external link

Quintais, J. & Poort, J.

Abstract

The percentage of Internet users in Europe that occasionally download or stream music, films, series, books or games illegally has decreased between 2014 and 2017. The decrease is greatest for music, films and series. Meanwhile, expenditure on legal content has increased since 2014. This follows from the Global Online Piracy Study that the Institute for Information Law (IViR) of the University of Amsterdam published today.

Links

http://copyrightblog.kluweriplaw.com/2018/07/31/global-online-piracy-study/

Copyright, downloading, Internet, piracy

RIS

Save .RIS

Bibtex

Save .bib

HEKS’NKAAS at the CJEU: the end of a cheese-war or the beginning of a new copyright era? external link

Coche, E.

Links

http://copyrightblog.kluweriplaw.com/2018/06/26/heksnkaas-cjeu-end-cheese-war-beginning-new-copyright-era/

Copyright, frontpage, originaliteit

RIS

Save .RIS

Bibtex

Save .bib

Untangling the Hyperlinking Web: In Search of the Online Right of Communication to the Public external link

Quintais, J.

Journal of World Intellectual Property (forthcoming), vol. 2018, pp: 1-36, 2018

Abstract

This article examines the online right of communication to the public under EUlaw and its interpretation by the Court of Justice of the EU. The focus of the analysis is on the controversial application of the right to hyperlinking, and its implications for the online activities of users and intermediaries. After outlining the international and EU legal framework on the right of communication to the public, the article advances a conceptual framework for the interpretation of the exclusive right in the online environment, which is both based on, and attempts to bring coherence to, the Court's complex case law. On this basis, the article then explores and critically assesses the main areas of legal uncertainty for the online application of the right and the normative considerations at stake—especially fundamental rights and the promotion of technological development—offering interpretative and legislative solutions for their resolution. The article argues for abandoning the legislative proposals for a new right for press publishers and the so-called value gap, as both are fundamentally flawed. Instead, reform should focus on redefining the right of communication to the public and preserving safe harbors, especially for hosting providers.

Links

https://onlinelibrary.wiley.com/doi/abs/10.1111/jwip.12107

Copyright, EU law, frontpage, hyperlinking, intermediary liability, right of communication to the public

RIS

TY  - JOUR
AU  - Quintais, J.
PY  - 0621
DA  - 2018-06-21
T1  - Untangling the Hyperlinking Web: In Search of the Online Right of Communication to the Public
JO  - Journal of World Intellectual Property (forthcoming)
VL  - 2018
SP  - 1-36
UR  - https://onlinelibrary.wiley.com/doi/abs/10.1111/jwip.12107
AB  - This article examines the online right of communication to the public under EUlaw and its interpretation by the Court of Justice of the EU. The focus of the analysis is on the controversial application of the right to hyperlinking, and its implications for the online activities of users and intermediaries. After outlining the international and EU legal framework on the right of communication to the public, the article advances a conceptual framework for the interpretation of the exclusive right in the online environment, which is both based on, and attempts to bring coherence to, the Court\'s complex case law. On this basis, the article then explores and critically assesses the main areas of legal uncertainty for the online application of the right and the normative considerations at stake—especially fundamental rights and the promotion of technological development—offering interpretative and legislative solutions for their resolution. The article argues for abandoning the legislative proposals for a new right for press publishers and the so-called value gap, as both are fundamentally flawed. Instead, reform should focus on redefining the right of communication to the public and preserving safe harbors, especially for hosting providers.
K1  - Copyright
K1  - EU law
K1  - frontpage
K1  - hyperlinking
K1  - intermediary liability
K1  - right of communication to the public
ER  -

Save .RIS

Bibtex

Article{Quintais2018c,
	title = {Untangling the Hyperlinking Web: In Search of the Online Right of Communication to the Public},
	author = {Quintais, J.},
	year = {0621},
	date = {2018-06-21},
	journal = {Journal of World Intellectual Property (forthcoming)},
	volume = {2018},
	pages = {1-36},
	abstract = {This article examines the online right of communication to the public under EUlaw and its interpretation by the Court of Justice of the EU. The focus of the analysis is on the controversial application of the right to hyperlinking, and its implications for the online activities of users and intermediaries. After outlining the international and EU legal framework on the right of communication to the public, the article advances a conceptual framework for the interpretation of the exclusive right in the online environment, which is both based on, and attempts to bring coherence to, the Court\'s complex case law. On this basis, the article then explores and critically assesses the main areas of legal uncertainty for the online application of the right and the normative considerations at stake—especially fundamental rights and the promotion of technological development—offering interpretative and legislative solutions for their resolution. The article argues for abandoning the legislative proposals for a new right for press publishers and the so-called value gap, as both are fundamentally flawed. Instead, reform should focus on redefining the right of communication to the public and preserving safe harbors, especially for hosting providers.},
	keywords = {Copyright, EU law, frontpage, hyperlinking, intermediary liability, right of communication to the public},
}

Save .bib