HEIN SCHOLTENS. TRANSFORMATIVE USE ADAPTATION RIGHT.

9
HEIN SCHOLTENS

Transcript of HEIN SCHOLTENS. TRANSFORMATIVE USE ADAPTATION RIGHT.

Page 1: HEIN SCHOLTENS. TRANSFORMATIVE USE ADAPTATION RIGHT.

HEIN SCHOLTENS

Page 2: HEIN SCHOLTENS. TRANSFORMATIVE USE ADAPTATION RIGHT.

TRANSFORMATIVE USE

ADAPTATION RIGHT

Page 3: HEIN SCHOLTENS. TRANSFORMATIVE USE ADAPTATION RIGHT.

3

CONTENT

> Traditional goal

> Past and present works

> Current framework

> New solutions

Page 4: HEIN SCHOLTENS. TRANSFORMATIVE USE ADAPTATION RIGHT.

4

TRADITIONAL GOAL

> Promote cultural productions

> Balance public and private interests

> Regulate rights and exceptions

> Support content distribution

Page 5: HEIN SCHOLTENS. TRANSFORMATIVE USE ADAPTATION RIGHT.

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’

Page 6: HEIN SCHOLTENS. TRANSFORMATIVE USE ADAPTATION RIGHT.

6

CURRENT FRAMEWORK

> Work

> Reproduction and adaptation

> Parody and quotation

> Three-step test

Page 7: HEIN SCHOLTENS. TRANSFORMATIVE USE ADAPTATION RIGHT.

7

NEW SOLUTIONS

> Fair use

> Free use

> Implementation possibilities

> Harmonisation challenges

Page 8: HEIN SCHOLTENS. TRANSFORMATIVE USE ADAPTATION RIGHT.

TRANSFORMATIVE USE

ADAPTATION RIGHT

Page 9: HEIN SCHOLTENS. TRANSFORMATIVE USE ADAPTATION RIGHT.

THE END