Abandoning Exclusivity and Getting Paid Instead

William Patry

in How to Fix Copyright

Published in print March 2012 | ISBN: 9780199760091
Published online April 2015 | e-ISBN: 9780190259938 | DOI:
Abandoning Exclusivity and Getting Paid Instead

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A central element in copyright ideology is exclusivity. Copyright owners are said to be granted “exclusive rights,” the essence of which is the ability to exclude, to be able to say no to anyone who wants to use your work; the ability to attempt to command any price you want; the ability to impose any conditions you wish on the use of your work; and in many countries, the ability to withdraw the work from circulation. This chapter argues that copyright owners should shift their focus from exclusivity to a right of remuneration. It identifies four principal ways to get paid: rely on one-to-one negotiations by exercising an exclusive right; mandatory statutory licenses for particular works and uses; levies on recording media; and collective licensing.

Keywords: copyright law; exclusivity; exclusive rights; remuneration; payment

Chapter.  3534 words.  Illustrated.

Subjects: Intellectual Property Law

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