HEIN SCHOLTENS. TRANSFORMATIVE USE ADAPTATION RIGHT.

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Transcript of HEIN SCHOLTENS. TRANSFORMATIVE USE ADAPTATION RIGHT.

HEIN SCHOLTENS

TRANSFORMATIVE USE

ADAPTATION RIGHT

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CONTENT

> Traditional goal

> Past and present works

> Current framework

> New solutions

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TRADITIONAL GOAL

> Promote cultural productions

> Balance public and private interests

> Regulate rights and exceptions

> Support content distribution

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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’

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CURRENT FRAMEWORK

> Work

> Reproduction and adaptation

> Parody and quotation

> Three-step test

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NEW SOLUTIONS

> Fair use

> Free use

> Implementation possibilities

> Harmonisation challenges

TRANSFORMATIVE USE

ADAPTATION RIGHT

THE END