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Stef van Gompel, Copyright, Doctrine and Evidence-Based Reform, 8 (2017) JIPITEC 304 para 1.
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%0 Journal Article %T Copyright, Doctrine and Evidence-Based Reform %A van Gompel, Stef %J JIPITEC %D 2017 %V 8 %N 4 %@ 2190-3387 %F van gompel2017 %X Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence. %L 340 %K Copyright reform %K doctrinal underpinnings %K economic evidence %K evidence-based policy %K lawmaking approaches %U http://nbn-resolving.de/urn:nbn:de:0009-29-46384 %P 304-310Download
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@Article{vangompel2017,
author = "van Gompel, Stef",
title = "Copyright, Doctrine and Evidence-Based Reform",
journal = "JIPITEC",
year = "2017",
volume = "8",
number = "4",
pages = "304--310",
keywords = "Copyright reform; doctrinal underpinnings; economic evidence; evidence-based policy; lawmaking approaches",
abstract = "Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-46384"
}
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TY - JOUR AU - van Gompel, Stef PY - 2017 DA - 2017// TI - Copyright, Doctrine and Evidence-Based Reform JO - JIPITEC SP - 304 EP - 310 VL - 8 IS - 4 KW - Copyright reform KW - doctrinal underpinnings KW - economic evidence KW - evidence-based policy KW - lawmaking approaches AB - Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-46384 ID - van gompel2017 ER -Download
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ISI
PT Journal AU van Gompel, S TI Copyright, Doctrine and Evidence-Based Reform SO JIPITEC PY 2017 BP 304 EP 310 VL 8 IS 4 DE Copyright reform; doctrinal underpinnings; economic evidence; evidence-based policy; lawmaking approaches AB Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence. ERDownload
Mods
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<abstract>Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence.</abstract>
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 8 (2017) 4 |
|---|---|
| Title |
Copyright, Doctrine and Evidence-Based Reform (eng) |
| Author | Stef van Gompel |
| Language | eng |
| Abstract | Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence. |
| Subject | Copyright reform, doctrinal underpinnings, economic evidence, evidence-based policy, lawmaking approaches |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-46384 |
