Talk:Module 5: Managing Rights

CHRIS NOTES

• the licensor obligations section is particularly terrible from a substantive standpoint
• clickwrap: "While many legal systems have not fully addressed the effect of these types of licenses, courts in some countries have ruled that a valid consent, giving rise to a binding contracts, can be formed in these fashions.

[edit]" and others have not, correct?

• need cite for "Articles 11bis(2) and Article 13(1) of the Berne Convention"
• "Even where exclusive rights are involved, other non-voluntary forms of collective management may be permissible under the Berne Convention. For example, extended collective management allows a collective society to license the works of all copyright holders for a certain creative class once they represent a large number of that class. This generally includes foreign and non-member copyright owners."
  • probably should give an example here - perhaps a brief explanation of GBS?
• "This technique is also sometimes called (misleadingly) digital rights management (DRM)."
  • should probably explain WHY it is misleading
• "Japan, which operates a compulsory licensing system for orphan works codified in Section 8, Article 67 of its copyright laws"
  • cite?
• sidenote: why are none of the examples in any of these modules from the developing world? isn't this aimed at the DW? how helpful will it be?

KAI comments:

+ eIFL suggest moving the section "Licenses in the digital environment" before the section on the content of standard licensing agreements.

+ Add unconscionable to glossary.

+ eIFL wants to include more discussion of reproductive rights organazations in the collective management discussion.

+ eIFL wants more discussion of DRM, but I'm not sure what really can be added.

+ eIFL wants to include a discussion of orphan works in the library context. I'm not familiar with orphan works laws that are specific to libraries.

+ eIFL asserts that the requirement to conduct "reasonable efforts" to locate the copyright holder of orphan works is controversial. It's not my impression that this requirement is widely debated by scholars, but someone else should weigh in.