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.

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

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German BGH – Does YouTube Perform Acts of Communication to the Public? external link

Kluwer Copyright Blog, vol. 2018, 2019

aansprakelijkheid, Auteursrecht, frontpage

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Annotatie bij Rb. Overijssel 12 juni 2018 (Eiser / Rijksuniversiteit Groningen) external link

van Gompel, S.
AMI, vol. 2018, num: 6, pp: 259-260, 2019

Auteursrecht, frontpage, werkgeversauteursrecht

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Annotatie bij Rb. Amsterdam 27 augustus 2018 (Rutten / RF Mediaproducties) external link

van Gompel, S.
AMI, vol. 2018, num: 6, pp: 257, 2019

Auteursrecht, foto's, frontpage, inbreuk, openbaarmaking

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Film Financing and the Digital Single Market: its Future, the Role of Territoriality and New Models of Financing external link

2019

Abstract

This report studies the role of territoriality in film financing, the legal and market challenges territoriality faces as a key model for film financing and the consequences if EU policies were to reduce or mitigate the scope of territorial exclusivity in the audiovisual sector. It provides information on Member States’ and EU models of film financing, explores the challenges film financing faces from digital developments and evolving consumer behaviour and analyses possible alternatives to traditional methods of financing and policies to support this.

Digital Single Market, film, financiering, frontpage, Mediarecht, territorialiteit

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Blockchain and the Law: A Critical Evaluation external link

Stanford Journal of Blockchain Law & Policy, vol. 2, num: 1, 2019

blockchain, frontpage

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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.

compensation systems, Copyright, frontpage

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Online platforms and the advertising industry deliver EU Code of Practice on disinformation external link

IRIS Newsletter , 2019

Abstract

The newsletter and Merlin Database entry describe the most recent European Union Code of Practice on disinformation and fake news. The code of practice was created by online platforms such as Google and Facebook and the advertising industry to counter fake news online.

code of practice, disinformation, Fake news, Online platforms, Vrijheid van meningsuiting

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Agreement of the [Dutch] Steering Group on Aggression and Violence against Journalists external link

Abstract

Unofficial translation by T. McGonagle of "Akkoord Stuurgroep Agressie en geweld tegen journalisten", July 2018

geweld, Journalistiek, Mediarecht

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Related rights in United States law external link

AMI, vol. 2018, num: 6, pp: 245-251, 2019

Abstract

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.

Auteursrecht, frontpage, Verenigde Staten, wet op de naburige rechten

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