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Framing standards, mobilizing users: Copyright versus fair use in transnational regulation

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  • Leonhard Dobusch
  • Sigrid Quack

Abstract

Following the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) intellectual property rights, and more specifically copyright, have become the subject of highly politicized conflicts. In this paper we analyze how these conflicts shifted from the political arena to private standard-setting sites, where two opposing coalitions of actors pursued competing initiatives - an industry coalition which aimed at enforcing copyright protection through Digital Rights Management and an emerging coalition of civil society actors which sought to develop a digital commons based on copyleft licenses. Paradoxically, the industry coalition, which had very successfully lobbied international organizations, ran into trouble developing and enforcing private regulation in the market place, while the civil society coalition proved to be more effective in the market than in the political sphere. The findings of our analysis indicate that the strategic use of organizational forms and collective action frames can be more decisive for the mobilization of users than material resources, and that the success of collective action frames depends on their compatibility with user practices. Based on the argument that regime shifting from intergovernmental to private governance can open up new and favorable spaces for weak actors to experiment with alternative forms of regulation, the paper contributes to the literature on the politics of regime complexity. The paper furthermore highlights the importance of studying non-elite actors and their day-to-day practices to gain a better understanding of changes within the international political economy.

Suggested Citation

  • Leonhard Dobusch & Sigrid Quack, 2013. "Framing standards, mobilizing users: Copyright versus fair use in transnational regulation," Review of International Political Economy, Taylor & Francis Journals, vol. 20(1), pages 52-88, February.
  • Handle: RePEc:taf:rripxx:v:20:y:2013:i:1:p:52-88
    DOI: 10.1080/09692290.2012.662909
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    References listed on IDEAS

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    1. Sell,Susan K., 2003. "Private Power, Public Law," Cambridge Books, Cambridge University Press, number 9780521819145.
    2. Sell,Susan K., 2003. "Private Power, Public Law," Cambridge Books, Cambridge University Press, number 9780521525398.
    3. Sebastian Botzem, 2012. "The Politics of Accounting Regulation," Books, Edward Elgar Publishing, number 13992.
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    Cited by:

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    2. Klaus Dingwerth, 2017. "Field Recognition and the State Prerogative: Why Democratic Legitimation Recedes in Private Transnational Sustainability Regulation," Politics and Governance, Cogitatio Press, vol. 5(1), pages 75-84.
    3. Madison Cartwright, 2021. "Business conflict and international law: The political economy of copyright in the United States," Regulation & Governance, John Wiley & Sons, vol. 15(1), pages 152-167, January.
    4. Malets, Olga, 2017. "Globalization, governance and the nation-state: An Overview," economic sociology. perspectives and conversations, Max Planck Institute for the Study of Societies, vol. 18(2), pages 16-24.
    5. Cynthia Couette, 2024. "Epistemic competition in global governance: The case of pharmaceutical patents," Global Policy, London School of Economics and Political Science, vol. 15(3), pages 516-527, June.
    6. Thomas Hale & David Held & Kevin Young, 2013. "Gridlock: From Self-reinforcing Interdependence to Second-order Cooperation Problems," Global Policy, London School of Economics and Political Science, vol. 4(3), pages 223-235, September.
    7. Leonhard Dobusch & Markus Lang & Sigrid Quack, 2017. "Open to Feedback? Formal and Informal Recursivity in Creative Commons’ Transnational Standard-Setting," Global Policy, London School of Economics and Political Science, vol. 8(3), pages 353-363, September.
    8. Jean-Frédéric Morin, 2020. "Concentration despite competition: The organizational ecology of technical assistance providers," The Review of International Organizations, Springer, vol. 15(1), pages 75-107, January.
    9. Alejandro Milcíades Peña, 2018. "The politics of resonance: Transnational sustainability governance in Argentina," Regulation & Governance, John Wiley & Sons, vol. 12(1), pages 150-170, March.
    10. Malets, Olga, 2013. "The effectiveness of transnational non-state governance: The role of domestic regulations and compliance assessment in practice," MPIfG Discussion Paper 13/12, Max Planck Institute for the Study of Societies.

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