The Copyright Holdout Problem and New Internet-Based Services

Document Type

Book Section

Publication Date

5-2017

ISBN

978-3-662-53809-8

ISSN

2191-5822

Abstract

This chapter examines the holdout problem involving a copyright holder’s refusal to license digital content to internet users or third-party intermediaries despite the possibilities of socially valuable uses. It begins with two case studies illustrating the classic holdout problem, which often arises when transaction costs are high or when parties have drastically different expectations. The first case study focuses on the developments concerning Google Books. The second case study examines YouTube and the emergent development of user-generated content. The chapter concludes with three sets of preemptive legal responses that can help address the internet-related copyright holdout problem: limitations and exceptions in copyright law, compulsory or statutory licensing arrangements, and exogenous constraints imposed by competition law.

First Page

241

Last Page

256

Num Pages

16

Series

MPI Studies on Intellectual Property and Competition Law

Series Title

Remuneration of Copyright Owners: Regulatory Challenges of New Business Models

Publisher

Springer

Editor

Kung-Chung Liu & Reto M. Hilty

Series Editor

Josef Drexl, Reto M. Hilty & Joseph Straus

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