The national, regional and global dimension
of the copyright trade on the Internet
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Wyższa Szkoła Finansów i Zarządzania
Publication date: 2015-06-30
JoMS 2015;25(2):351-368
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ABSTRACT
The dynamic expansion of the transnational copyright market on
Internet changes the manner of distribution and use of intellectual property.
This paper analyses the process of the development of the transnational
and international copyright market. The author points out that the
dynamic transformation process became a distinctive feature of the copyright
trade. Therefore, a static determination of a given market needs
to be complemented with an analysis focused on its development trends
(economic, technological, socio-cultural) in terms of their impact on
the barriers to access to the market. In this context, legal barriers need
to be given special consideration. The market of copyrightable intellectual
property includes actions, goods and services that are subject to
national law and have both economic and cultural relevance. Th ey enjoy
legal protection mainly because they convey identity, values and meanings
rather than due to their mere market value. Hence, in the process of
geographical market defi nition the rules for the protection of IP set out
in the EU Treaty, in the constitutions of the individual Member States,
in copyright laws and regulations and culture law in the broad sense of
the term should be taken into consideration. At the same time, the individual
and public interests in respect of the creative activity need to be
balanced.