Abstract
A multimedia composition is composed of numerous, perhaps thousands, of segments of copyrightable works, each of which is a unit of intellectual property. Each segment may have been created by a national of country A, sold to an entity in country B, and now desired by the multimedia developer in country C. The implications for international legal frameworks, enforcement, and licensing are daunting, particularly as laws continue to lag behind technology. We focus on the international copyright management and clearance system linking the copyright holder with the potential legal user of that work—the multimedia developer. A goal of such a system is to minimize transaction costs. Transaction costs are born primarily by the multimedia developer who must search for and negotiate usage rights to each segment. To illustrate the different solutions, a continuum is defined with endpoints representing: (1) Collective Management (mandated clearinghouses), and (2) Individual Management (pure market solutions). The mid-point is defined to be a voluntary clearinghouse. We review and discuss the approaches to multimedia copyright management issues in the US, the European Union, Japan, and key world bodies. Most current national copyright systems for software, audio-visual, literary, and musical works are either managed individually by the copyright holders or are managed through voluntary copyright clearance organizations.
Published Version
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