Perspective for Copyright Levies (Compensation for Authors and Neighbouring Rights Holders for Private Copying) after EUCJ Padawan Decision (article in Lithuanian)
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Abstract
The article investigates the discourse on the media and equipment levies (compensation to authors and related rights holders for the personal copying—copyright levies) in Lithuania, the European Union and some other countries. The article thoroughly considers the nature of copyright levies, premises for establishing the levy system, as well as
purposes of such system (functional rationale). Provisions of the EU Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society, as well as the Lithuanian legislation pertaining to copyright levies are thoroughly analyzed. Scholarly work on the topic in Lithuania is reviewed and assessed. It is discovered that scholarly positions are separated along the ideological divisions of intellectual property law, and are generally representative of the general doctrinal approach to intellectual property. Conservative classical approach understands levies as the compensation for statutory license, while liberal and epistemic approach considers levies detrimental to the creative society, socially unjust and serving one specific interest group at the expense of society at large. It is also concluded from the analysis, that theoretical approach to levies in Lithuania is not original and rather representative of the academic debate on the matter in Europe.
purposes of such system (functional rationale). Provisions of the EU Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society, as well as the Lithuanian legislation pertaining to copyright levies are thoroughly analyzed. Scholarly work on the topic in Lithuania is reviewed and assessed. It is discovered that scholarly positions are separated along the ideological divisions of intellectual property law, and are generally representative of the general doctrinal approach to intellectual property. Conservative classical approach understands levies as the compensation for statutory license, while liberal and epistemic approach considers levies detrimental to the creative society, socially unjust and serving one specific interest group at the expense of society at large. It is also concluded from the analysis, that theoretical approach to levies in Lithuania is not original and rather representative of the academic debate on the matter in Europe.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
