Extended Collective Licensing in the Nordic Countries: Compatibility with the Three-step Test

北歐國家著作權延伸性集體管理: 與三步檢驗法的兼容性

Student thesis: Doctoral Thesis

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Award date29 May 2018

Abstract

National legislation establishing extended collective licensing (ECL) authorises a collective management organisation, which represents a substantial number of rights holders in a field, to license all works to potential users regardless of whether copyright holders are members of the organisation or not. The licence agreement has a binding effect on non-member right holders, unless they choose to opt out of the ECL regime. These features of ECL may prejudice the exclusivity of copyright and pose issues of compatibility with international copyright norms, especially the three-step test that set exceptions and limitations for copyright.

This dissertation aims at exploring the tension between the ECL system implemented in the Nordic countries and the three-step test embodied in major international copyright treaties. It studies the origin and development as well as the implementation of ECL in Sweden, Denmark and Norway and illustrates its implications and nature, using the research methodologies of doctrinal research, comparative study and case study.

On the basis of a landmark World Trade Organisation (WTO) copyright dispute that interpreted the definition of the three-step test for the first time globally, this thesis intends to redefine this significant copyright norm by exploring its drafting history and the legal reasoning behind the test. This thesis seeks to apply the interpretation of the three-step test to examine ECL’s compatibility with the three-step test. The findings show that the majority of ECL provisions in the three Nordic countries comply with the three-step test, but that further clarification of the newly introduced general ECL provision must be carefully crafted.

    Research areas

  • Extended Collective Licensing, Nordic, Three-Step Test