This study analyses the law and economics of introducing flexibility in the system of exceptions and limitations in Dutch copyright law. Such flexibility would exist in an open norm, on the basis of which the courts can decide whether certain uses of copyrighted material are permissible or not, instead of explicitly defining this in the law. First, it assesses problem areas where the lack of flexibility creates legal disputes and potential barriers to innovation and commercialisation. Second, it analyses the economic rationale and economic effects of introducing flexibility.
Researchers Noll, R. van der, Gompel, S. van, Guibault, L., Weda. J. Poort, J., Akker, I. & Breemen, K.
Publication date 01-01-2012
Publication number 2012-60
Area of expertise Competition and regulation
Commissioned by Ministry of Economic Affairs, Agriculture and Innovation
Publication type Report
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