Post on 02-Jan-2016
HEIN SCHOLTENS
TRANSFORMATIVE USE
ADAPTATION RIGHT
3
CONTENT
> Traditional goal
> Past and present works
> Current framework
> New solutions
4
TRADITIONAL GOAL
> Promote cultural productions
> Balance public and private interests
> Regulate rights and exceptions
> Support content distribution
5
PAST AND PRESENT WORKS
> ‘Reggae music would never have emerged had copyright been implemented on the island’
> ‘Paul’s Boutique would have lost $19.8 million on sample clearance’
> ‘Steekspel is Verhoeven’s first user-generated movie’
6
CURRENT FRAMEWORK
> Work
> Reproduction and adaptation
> Parody and quotation
> Three-step test
7
NEW SOLUTIONS
> Fair use
> Free use
> Implementation possibilities
> Harmonisation challenges
TRANSFORMATIVE USE
ADAPTATION RIGHT
THE END