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Daniel Gervais

This chapter begins by defining collective management (of copyright and related rights) and collective management organizations (CMOs). After briefly reviewing possible definitional characteristics, the first part of the chapter uses a functional approach to define CMOs and then explains their economic and noneconomic functions. The next part discusses key aspects of the economic analysis of collective management, namely the justification for collective management, and the valuation of licensed repertoires (or copyright works or objects of neighboring rights) and individual works within such repertoires. This includes a survey of major economic models used in this field. The second part ends with a discussion of efficiency issues related to collective management. The third and last part considers the specific aspects that arise in collective management when it is applied to online uses of copyright material

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Daniel Gervais

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Daniel Gervais

The chapter considers the role of the World Trade Organization’s Appellate Body as a judicial body. It first looks at the arguments favoring specialized courts versus general ones, and courts versus legislative bodies. It then considers whether the Appellate Body can be compared to a domestic court, and if so, whether it can be compared to a common law court, and whether it is more similar to a general or specialized court. Three cases involving the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement are discussed. The chapter ends with a few concluding thoughts.

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(Re)structuring Copyright

A Comprehensive Path to International Copyright Reform

Daniel J. Gervais

In this bold and persuasive work Daniel Gervais, one of the world’s leading thinkers on the subject of intellectual property, argues that the international copyright system is in need of a root and branch rethink. As the Internet alters the world in which copyright operates beyond all recognition, a world increasingly defined by the might of online intermediaries and spawning a generation who are simultaneously authors, users and re-users of creative works, the structure of copyright in its current form is inadequate and unfit for purpose. This ambitious and far-reaching book sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform. It contributes a reasoned and novel voice to a debate that is all too often driven by ignorance and partisan self-interest.
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Daniel J. Gervais

The history of copyright in common law jurisdictions going back to the Statute of Anne was a mostly haphazard process of rights accretion. The complexity grew but because copyright was mostly used by and traded between professionals, the system functioned relatively well. With the advent of the Internet, the absence of physical media to distribute copyright material and the attempts to control the behaviour of individual users online is leading to a deep reconsideration of both the objectives and method of enforcing and using copyright.