The work of the network will be divided into six themes,
as follows:
Theme 1 - Theoretical Framework of Copyright Law
Theme 2 – Globalisation, Convergence and Divergence
Theme 3 – Developments in Rights Neighbouring on Copyright
Theme 4 – Protection of Traditional Knowledge and Culture
Theme 5 – Copyright and the New Technologies
Theme 6 – Copyright, Corporate Power and Human Rights
Each theme will address the research questions, outlined below.
However, the themes are interrelated and their dimensions are intended
to be fluid. This reflects the basic premise of the proposed network,
which is that piecemeal changes to copyright law are likely to be
incoherent and to exacerbate current tensions.
Research Questions
Theme 1 – Theoretical Framework of Copyright Law
- What is the most appropriate rationale for the existence of
copyright law?
- To what extent does existing copyright law reflect this rationale?
- Is it possible to formulate copyright law to reflect a dominant
rationale?
Theme 2 – Globalisation, Convergence and Divergence
- Have the processes of globalisation and harmonisation raised
new issues about the rationale or theoretical framework of copyright
law?
- Has the globalisation of copyright law unjustifiably favoured
certain interests over others? Has it paid due regard to the interests
of the developing world?
- Is convergence of copyright with other intellectual property
rights inevitable? What are the likely socio-economic effects
of such convergence?
- What juridical and socio-economic significance can be attached
to significant divergences in national copyright regimes?
Theme 3 – Developments in Rights Neighbouring on Copyright
- Why have neighbouring – in particular, moral rights and
performers’ rights – been comparatively impervious
to the forces of harmonisation?
- Is there a need for harmonisation in this area?
- Do neighbouring rights have a role to play in relation to:
(a) the rationale(s) of copyright law; (b) the protection of traditional
culture; and (c) constraining the exercise of corporate power
based on copyright?
Theme 4 – Protection of Traditional Knowledge and Culture
- Does the operation of the current copyright system encourage
or discourage cultural diversity?
- Will an attempt to protect traditional culture and knowledge
through copyright law impact adversely (a) on the integrity of
the copyright system or (b) on the functioning of traditional
cultures?
Theme 5 – Copyright and the New Technologies
- Do developments in (a) information technology, and (b) biotechnology,
pose a threat to the effectiveness or integrity of the copyright
system?
- Have the attempts to accommodate the new technologies in copyright
law affected the balance of interests of copyright owners, creators
and users ?
Theme 6 – Copyright, Corporate Power and Human Rights
- Does copyright law appropriately strike the balance between
creators of copyright works, copyright owners, and users of copyright
works? If not, how can it be changed?
- To what extent is copyright law responsible for the concentrations
of corporate power in the media and entertainment industry?
- What are the socio-economic and cultural effects of these concentrations?
Is the use of the concept of “human rights” appropriate
to constrain the copyright-based socio-economic power of corporate
concentrations?
|