A Copyright Gambit On the Need for Exclusive Rights in Digitised Ver
European memory institutions are repositories of a wealth of rare documents that record public domain content. These documents are often stored in ‘dark-archives’ to which members of the public are granted limited access, resulting in the public domain co
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Sunimal Mendis
A Copyright Gambit On the Need for Exclusive Rights in Digitised Versions of Public Domain Textual Materials in Europe
Munich Studies on Innovation and Competition
Volume 11 Series Editors Josef Drexl, Germany Reto M. Hilty, Germany
More information about this series at http://www.springer.com/series/13275
Sunimal Mendis
A Copyright Gambit On the Need for Exclusive Rights in Digitised Versions of Public Domain Textual Materials in Europe
Sunimal Mendis Max Planck Institute for Innovation and Competition Munich, Germany
ISSN 2199-7462 ISSN 2199-7470 (electronic) Munich Studies on Innovation and Competition ISBN 978-3-662-59453-7 ISBN 978-3-662-59454-4 (eBook) https://doi.org/10.1007/978-3-662-59454-4 © Springer-Verlag GmbH Germany, part of Springer Nature 2019 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer-Verlag GmbH, DE, part of Springer Nature. The registered company address is: Heidelberger Platz 3, 14197 Berlin, Germany
This book is dedicated to my parents, Lakshmi and Ranjan Mendis, the giants on whose shoulders I stand
Foreword
For almost three decades, digitisation has been a hot topic in copyright. In the focus of discussions lies the quest for an appropriate balance between, on the one hand, measures aiming to secure authors’ and other right holders’ control over protected content that is disseminated online, and, on the other hand, the individual and societal interests in getting access to such content. In that scenario, protection in the form of copyright (including neighbouring rights) and enhanced possibilities of access appear as antagonisms. In the specific situation investigated in this book, however, the usual scheme is reversed: as postulated and skilfully substantiated by the author, the creation of an exclusive right in the form of a related r
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