For a long time, copyright law was perceived as an individualistic system protecting
the legal position of the right holders only. In recent times, however, awareness has
grown that the current legal framework risks becoming imbalanced to the detriment
of third parties – be it consumers, creators of subsequent works etc. – or of the public
interest in general. This leads to the question of how copyright law takes into
account these interests of third parties, especially the general interest in the greatest
dissemination of knowledge and culture. In fact, all countries have to deal with this
captivating legislative challenge. These considerations led the International
Academy of Comparative Law to open its quadrennial congress for the first time to
copyright issues in 2010, and to ask the Max Planck Institute for Intellectual
Property and Competition Law to execute a questionnaire, to conduct a survey and
to lead a panel on the “Balance of Copyright” during the XVIII Congress.
In the course of analyzing the answers culled from a limited number of
participating countries, the editors of this book realized how enlightening the results
of the survey were. Consequently, the project was extended and further reporters
were asked to provide insights into the situation in their countries. The output of this
project is the present compilation of 39 contributions, reporting on 41 countries
from every inhabited continent, including an overview attempting to summarize the
most prominent results of the comparison. This overview, however, may only be a
first step in the analysis of all results, since each of the 12 issues addressed in the
questionnaire provides enough material for further independent studies.
There were indeed a lot of surprises, and the overview cannot reveal more than
a few of them whereas further details may be found in the national reports. Let us
mention only one issue here to exemplify the hard work to which the national
reporters were submitted.