k 2023

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

WOZNICA, Ondřej

Basic information

Original name

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

Edition

Cyberspace 2023, 2023

Other information

Language

English

Type of outcome

Prezentace na konferencích

Field of Study

50501 Law

Country of publisher

Czech Republic

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

Organization unit

Faculty of Law

Keywords in English

Copyright, DSM Directive, Free Riding, Property metaphors, Content analysis

Tags

International impact, Reviewed
Změněno: 26/6/2024 09:11, Mgr. Petra Georgala

Abstract

V originále

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