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

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 Focusing In Particular On Legislative Initiatives Concerning Copyright And The Internet, This Book Seeks To Explain The Reasons Why Copyright Law In The Eu Has Developed In A Way Perceived To Be Unduly Restrictive Yet Fundamentally Unable To Address Issues Of The Territoriality Of Copyright. Using An Inter-disciplinary Approach That Combines Legal Analysis With Political Theory, Such As Foucault's Networks Of Power And Culpepper's Quiet Politics, Farrand Explores How Success In Lobbying For Changes In Copyright Law Is The Result Of Complex Network Relationships, Perceptions Of Industry Expertise, And The Comparatively Low Political Importance Of Copyright Reform To The Average European Citizen. Networks Of Power In Digital Copyright Law And Policy: Political Salience, Expertise And The Legislative Process Therefore Presents An Original Socio-political Theoretical Framework For Assessing Developments In Copyright Law.written With Clarity And New Insight, This Book Will Be Accessible To Those New To The Areaa Of Political Theory And Eu Law, As Well As Being Eminently Suited To Researchers And Post-graduate Students Of Law And Politics-- Networks Of Power In Copyright Law Considers The Challenge Of Creating A Harmonised International Market For Digital Services. Pursuing An Interdisciplinary Perspective On The Question Of How Copyright Law Remains Restrictive, The Book Addresses The Role Of Industry Representatives, Collecting Societies And Legislative/executive Bodies In The Development Of Contemporary Digital Copyright Law. Focusing On The European Union, Benjamin Farrand Argues That The Harmonisation Of Copyright Law Is Largely Defined By The Power Relationships Between Legislative/executive Bodies And Industry Representatives-- Networks Of Power, Quiet Politics And Political Salience : Establishing A Framework For Analyzing European Digital Copyright Initiatives -- European Digital Copyright Law -- One Market, Divided? The Fragmented State Of The Market For Digital Music Distribution In The European Union, And Judicial Approaches To Territorial Restrictions -- Networks Of Power I : The Role Of Industry Representatives In Framing Policies Regarding The Scope And Duration Of Copyright -- Networks Of Power Ii : The Role Of Industry Representatives In Framing Policies Regarding The Enforcement Of Copyright -- Networks Of Power Iii : The Role Of Industry Representatives In Framing Policies Regarding Cross-border Licensing -- Power And Resistance I : Where There Is Power, There Is Resistance -- Power And Resistance Ii : (in)civil Society, Changing Networks And The Unquiet Politics. Benjamin Farrand. Loosely Based On Dissertation (doctoral) - European University Institute, 2011, Under Title: The Pan-european Licensing Of Digital Music - The Effect Of The Harmonisation Of Copyright And The Role Of Collecting Societies. Includes Bibliographical References And Index. "Focusing in particular on legislative initiatives concerning copyright and the internet, this book seeks to explain the reasons why copyright law in the EU has developed in a way perceived to be unduly restrictive yet fundamentally unable to address issues of the territoriality of copyright. Using an inter-disciplinary approach that combines legal analysis with political theory, such as Foucault's Networks of Power and Culpepper's Quiet Politics, Farrand explores how success in lobbying for changes in copyright law is the result of complex network relationships, perceptions of industry expertise, and the comparatively low political importance of copyright reform to the average European citizen. Networks of Power in Digital Copyright Law and Policy: Political Salience, Expertise and the Legislative Process therefore presents an original socio-political theoretical framework for assessing developments in Copyright Law. Written with clarity and new insight, this book will be accessible to those new to the areaa of political theory and EU Law, as well as being eminently suited to researchers and post-graduate students of law and politics"-- Provided by publisher Focusing in particular on legislative initiatives concerning copyright and the internet, this book seeks to explain the reasons why copyright law in the EU has developed in a way perceived to be unduly restrictive yet fundamentally unable to address issues of the territoriality of copyright. Using an inter-disciplinary approach that combines legal analysis with political theory, such as Foucault's Networks of Power and Culpepper's Quiet Politics, Farrand explores how success in lobbying for changes in copyright law is the result of complex network relationships, perceptions of industry expertise, and the comparatively low political importance of copyright reform to the average European citizen. Networks of Power in Digital Copyright Law and Policy: Political Salience, Expertise and the Legislative Process therefore presents an original socio-political theoretical framework for assessing developments in Copyright Law. Written with clarity and new insight, this book will be accessible to those new to the areaa of political theory and EU Law, as well as being eminently suited to researchers and post-graduate students of law and politics.--Résumé de l'éditeur "Networks of Power in Copyright Law considers the challenge of creating a harmonised international market for digital services. Pursuing an interdisciplinary perspective on the question of how copyright law remains restrictive, the book addresses the role of industry representatives, collecting societies and legislative/executive bodies in the development of contemporary digital copyright law. Focusing on the European Union, Benjamin Farrand argues that the harmonisation of copyright law is largely defined by the power relationships between legislative/executive bodies and industry representatives.--Résumé de l'éditeur The European market for the distribution of digital music for the non-commercial consumer is a highly topical issue in copyright law at the present time. Whereas the EU continues to strive for the further harmonisation of the internal market, a single market for digital services remains elusive. Barriers between Member States are artificially constructed on popular services such as iTunes, rather than the borderless nature of the Internet being taken advantage of. By approaching the question from a multi-disciplinary perspective, this book seeks to explain the reasons why creating a harmon