Networks of Power in Digital Copyright Law and Policy: Political Salience, Expertise and the Legislative Process

Description

In this book, Benjamin Farrand employs an interdisciplinary approach that combines legal analysis with political theory to explore the development of copyright law in the EU. Farrand utilises Foucault’s concept of Networks of Power and Culpepper’s Quiet Politics to assess the adoption and enforcement of copyright law in the EU, including the role of industry representative, cross-border licensing, and judicial approaches to territorial restrictions. Focusing in particular on legislative initiatives concerning copyright, digital music and the internet, Networks of Power in Digital Copyright Law and Policy: Political Salience, Expertise and the Legislative Process demonstrates the connection between copyright law and complex network relationships. This book presents an original socio-political theoretical framework for assessing developments in copyright law that will interest researchers and post-graduate students of law and politics, as well as those more particularly concerned with political theory, EU and copyright law. Cover Title Page Copyright Page Dedication Table of Contents Introduction Overview Bibliography 1 Networks of power, quiet politics and political salience: establishing a framework for analysing European digital copyright initiatives Michel Foucault and networks of power Power/knowledge and discourse Quiet politics, business power and political salience The interaction between networks of power and quiet politics Networks of power and networked governance Concluding remarks: the application of networks of power and quiet politics to the development of digital copyright law and policy in the EU Bibliography 2 European digital copyright law ‘European’ copyright law? Dominant discourses concerning the protection of copyright The impact of international agreements on the harmonization of copyright law in the EU The Information Society Directive The Term Extension for Sound Recordings Directive The Enforcement Directive The Recommendation on Collective Rights Management Concluding remarks Bibliography 3 One market, divided? The fragmented state of the market for digital music distribution in the European Union, and judicial approaches to territorial restrictions The state of the digital music market Do territorial restrictions on the provision of services constitute a hindrance to the single market? The application of Article 56 TFEU to territorial restrictions in the digital music market Competition Law I: the (non) evidence of price-fixing Competition Law II: licensing and territorial restrictions Premier League, CISAC and territorial restrictions: where do we go from here? Concluding remarks Bibliography 4 Networks of power I: the role of industry representatives in framing policies regarding the scope and duration of copyright The Information Society Directive: the rationale of the knowledge economy Market failures, copyright economics and digital distribution: the framework for the property discourse Networks of power and quiet politics in the information society Term extension: the rationales of author protection and incentivization Conflict between experts and the establishment of a dominant discourse on optimal terms for sound recordings Networks of power and quiet politics in the term extension debate Concluding remarks Bibliography 5 Networks of power II: the role of industry representatives in framing policies regarding the enforcement of copyright The information society, enforcement and discourse: the rationale of threat Known knowns, known unknowns, unknown unknowns: the impact of digital piracy Networks of power and quiet politics in the enforcement of copyright The enforcement of copyright and intermediaries: the rationale of regulated self-regulation Regulatory capitalism, the internet and regulated self-regulation: a frame for the responsibility of intermediaries Networks of power, quiet politics and intermediary involvement in the regulation of copyright Concluding remarks Bibliography 6 Networks of power III: the role of industry representatives in framing policies regarding cross-border licensing What is a collecting society and how does it function? The traditional perception of the role of collecting societies The internet has changed everything (except collecting society practices): reciprocity off and online Is competition always the best policy? Discourses concerning multi-territory licensing and the construction of collecting societies as a competition problem Networks of power, quiet politics, and initiatives in the field of cross-border licensing Concluding remarks Bibliography 7 Power and resistance I: where there is power, there is resistance Power and resistance Resistance and the Court of Justice of the European Union: an internalized resistance in the discourse of copyright enforcement Resistance and academics: internalized resistance in the form of critique Concluding remarks Bibliography 8 Power and resistance II: (in)civil society, changing networks and the unquiet politics The Anti-Counterfeiting Trade Agreement (ACTA) Resistance to ACTA: the use of the internet in protest and forming issue networks Networks of power and resistance, unquiet politics and the political salience of copyright policy Conclusion Bibliography Index