Property metaphors and property narrative in the value gap: content analysis

WOZNICA, Ondřej. Property metaphors and property narrative in the value gap: content analysis. In Cyberspace 2023. 2023.

Basic information

• Original name: Property metaphors and property narrative in the value gap: content analysis
• Authors: WOZNICA, Ondřej.
• Edition: Cyberspace 2023, 2023.

Other information

• Original language: English
• Type of outcome: Presentations at conferences
• Field of Study: 50501 Law
• Country of publisher: Czech Republic
• Confidentiality degree: is not subject to a state or trade secret
• WWW: Web pořadatele
• Organization unit: Faculty of Law
• Keywords in English: Copyright, DSM Directive, Free Riding, Property metaphors, Content analysis
• Tags: International impact, Reviewed

Abstract

The EU Directive on Copyright in the Digital Single Market underwent a tumultuous legislative process. One of the central issues is the problem of the value gap, which stands for difference between the actual value rightsholders receive for their rights and the value they could receive if their rights were not infringed, i.e., the difference in revenue from platforms like Spotify and platforms like YouTube. Presentation builds upon empirical research focusing on the issue of value gap. It considers the problem of the propertization of copyright and its reflection in Article 17 CDSM legislative process by content analysis tools. It assesses the application of the recurring property metaphors of free riders, parent-child, agrarian and bad actors, as described by Lemley and Patry to the context of Article 17 CDSM legislative process. The content analysis reveals that the value gap argument is rooted in the proprietary copyright paradigm that the creative industry wields to advocate for stronger copyright protection. The empirical study reveals resurfacing motives of bad actors and free riding targeted on platforms that cast them in a negative light in combination with the agrarian metaphor that appeals to the moral entitlements of authors. However, the creative market intermediaries benefit from Article 17’s provisions. Study sheds light on the impact of property-based argumentation and the need to consider consequences for creative individuals within the copyright ecosystem.

Links

• MUNI/A/1172/2022, interní kód MU: Name: Fostering Internationally Oriented Scientific Results of PhD Students in Intellectual Property Law

Investor: Masaryk University, Fostering Internationally Oriented Scientific Results of PhD Students in Intellectual Property Law