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The Berlin Gedankenexperiment on the restructuring of Copyright Law and Author’s Rights – Creators – Exploiters – Non-commercial Users – Intermediaries –

Author: Kreutzer, T., Christiansen, P., von Gehlen, D., Hofmann, J., Klimpel, P., Köklü, K., Otto, P., Schindler, M., Wattig, L., & Renner, T.
Published in: JIPITEC, 7, 76-87
Year: 2016
Type: Academic articles

Akin to the Guidelines, the Gedankenexperiment constitutes a contribution to the discussion on the restructuring of copyright law in the digital age. However, the Gedankenexperiment does not come up with concrete legislative proposals; instead it outlines a regulatory concept. In particular, it is meant to determine actors and their particular interests and assign them roles and abstract rights and duties. Within this framework, suggestions for essential, regulatory aspects of copyright law are made, for example regarding exclusive rights of creators and exploiters. However, no specific evaluative decisions regarding points of detail are made. To answer these is not the aim of the Gedankenexperiment – but can and should be the task of follow-up projects.

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