Die Rechtfertigung der Leistungsschutzrechte des Tonträgerherstellers

2021 ◽  
Author(s):  
Hajo Rupp

Up to now, there has been no comprehensive acclaim of the basis for protection of phonogram producers' rights. The legislator referred to the "specific technical-organizational effort", which must be protected against unauthorised exploitation. Due to their economic nature, it seems to be appropriate to use economic theory (market failure/incentive theory) as a means of justification for the rights in sound recordings. However, especially US-American scholarship claims that there might be alternative incentives causing investments in sound recordings. The aim of this work is to reveal the interests involved in the production of sound carriers and to examine different protection concepts.

2019 ◽  
Vol 11 (19) ◽  
pp. 5168
Author(s):  
Kwon-Sik Kim ◽  
Seong-ho Jeong

Traditional economic theory assumes that dead weight loss due to free riding on public goods is inevitable. This study demonstrates that free riding without dead weight losses can theoretically exist through Bowen’s model. To this end, this study uses the consumer surplus analysis to present the conditions for free-riding that do not involve dead weight losses, as well as to demonstrate that policy choices that satisfy both the value of efficiency and equity in the supply of public goods are possible. This article formularizes the conditions under which such exceptional cases occur and examines what policy implications the presence of such conditions have in making decisions about the provision of public goods. The discussion of possibility and conditions for free-riding without dead weight losses is significant in that it suggests theoretical and policy implications for policies to raise equity as another important value, not just providing a solution to market failure.


1975 ◽  
Vol 7 (5) ◽  
pp. 497-508 ◽  
Author(s):  
M J Oxley

The lack of a theoretical basis for urban planning is stressed. It is suggested that welfare economics could provide the means for analysing the problems and a framework for developing alternative courses of action. This is achieved by examining the concept of welfare optimisation, the optimality of perfect competition, and the nature of market failure.


2010 ◽  
pp. 86-96
Author(s):  
A. Orlov

Economic theory considers depreciation as a part of value transferred from the fixed capital stock. But economic practice rejects this view. Economic performance is determined both by profit and depreciation. Their unity is to be found in capital investment and accelerated depreciation. Depreciation is not identical with direct costs, but is included in the cost price of products to ensure the renewal of fixed capital.


2017 ◽  
Author(s):  
Meredith J Harbach

In the United States,family law norms and childcare policy have long reflected the view that childcare is a private,family matter. But childcare has crossed the private-public divide. In the absence of parents at home providing care, a substantial childcare market has emerged. And that market is failing. Our law, policy, and legal scholarship have yet to recognize and account for this new reality. This Article confronts the problem on its own terms, using economic analysis to diagnose our childcare crisis as a market failure,and makes the case for more active and explicit government intervention in the childcare market. Economic theory not only helps us understand why the market is failing, but also recommends specific law and policy levers-subsidies, regulation, and information-to mitigate market failure, enabling us to craft more responsive reforms. In the end,the market lens shifts our focus from what is private about caring for children to what is public about it. From this vantage point, the Article makes plain that our childcare market is too big- and too important to fail.


2013 ◽  
Vol 11 (1) ◽  
pp. 177-186 ◽  
Author(s):  
Lisa L. Martin

Since the beginning of the financial crisis of 2008, authors and politicians have regularly reminded us of the duality of crisis and opportunity. For policymakers, administrations, and candidates, crises represent opportunities to implement long-desired reforms, seize the public stage, and reframe old arguments in the light of today's urgency. As the books under review here suggest, crises also represent opportunities for scholars. Arguments that failed to gain traction in the past may now deserve new attention as they help us understand the roots of crisis or how to recover from it. New audiences may be receptive to established arguments, now that other policies have caused us grief and are failing to promote recovery. The public and decision makers could be open to listening to these arguments and their implications, now that crisis has revealed deep vulnerabilities.The three books that form the basis of this review essay represent trenchant critiques of neoliberal economic theory and policies, including such foundational policy assumptions as globalization, deregulation, and reliance on sophisticated financial tools. Their authors, three prominent economists, draw our attention to problems of market failure, such as rampant rent-seeking behavior and externalities. By focusing on entrenched dilemmas that include widening inequality and the compatibility of democracy and globalization, they remind us of the ways in which markets are embedded in social institutions, and how such institutions both respond to markets and shape market outcomes. All bring with them a deep commitment to understanding the functioning of society and how to maintain the benefits of global capitalism while reining in its most destructive implications.


2012 ◽  
Vol 446-449 ◽  
pp. 2267-2271
Author(s):  
Ting Wang ◽  
Qian Li ◽  
Hong Liang Ma

In this paper, aiming at the problem of “market failure” in the building energy-saving field, we discuss the principle of externality in this field and analyze how the externality of building energy-saving leads to the rent-seeking behavior of building energy-saving products manufacturers or developers using the economic theory. Based on the Game theory, we analyze the revenue and cost of unproductive activities between building energy-saving regulation department and building energy-saving products manufacturers or developers, how the government supervises and regulates corruption which comes from unproductive activities, and the tripartite game model of the rent-seeking behavior in the domain of energy-saving is built. On the basis of the establishment and solution of the tripartite game model,we put forward effective countermeasures and methods for government re-regulation.


2014 ◽  
Vol 11 (2) ◽  
pp. 245-264 ◽  
Author(s):  
BRIAN J. LOASBY

Abstract:Ronald Coase's work and its reception illustrate the significance – and the difficulty – of identifying problems and proposing solutions, which provides the theme of this paper. His theoretical innovation was not derived from economics, and seemed irrelevant to contemporary issues of economic theory and policy; only his much later perception of an apparently unrelated problem – the incoherent treatment of social cost as market failure – showed how the concept of transaction costs could illuminate two major areas of economics. The inadequate treatment by economists of the transaction costs of markets is linked to the neglect of processes, and especially the processes of organising the growth and use of knowledge – key concerns of Smith and Marshall. The curious relationship between Coase's explanation of firms and Austin Robinson's analysis of competitive industry leads to a reflection on the scarce resource of human cognition and the role (and fallibility) of institutions.


ORDO ◽  
2015 ◽  
Vol 66 (1) ◽  
Author(s):  
Oliver Budzinski ◽  
Karoline Henrike Köhler

SummaryDominant or apparently dominant internet platform increasingly become subject to both antitrust investigations and further-reaching political calls for regulation. While Google is currently in the focus of the discussion, the next candidate is already on the horizon - the ubiquitous online trading platform Amazon. Competitors and suppliers but also famous economists like Paul Krugman unite in criticizing Amazon′s market power and alleged abuse of it. In this paper, we collect the multitude of allegations against Amazon and categorize them according to types of potential anticompetitive conduct or types of market failure. We provide an economic analysis of these allegations based upon economic theory as well as publicly available information and data. As one of our main results, we find that the most severe allegations against Amazon do not hold from an economic perspective and, consequently, do not warrant regulation or other drastic interventions (like breaking the company up). However, several areas of conduct, in particular, the use of best price clauses and the (anti-) competitive interplay of Amazon and the major publishers in the e-book market require competition policy action. The standard antitrust instruments, enriched with modern economic theory, should suffice to disincentivize the identified anticompetitive conduct for now.


Author(s):  
Mikhalien Du Bois

In order to determine the extent to which intellectual property rights should enjoy protection under the constitutional property clause, some of the classical and newer justificatory theories for property may be employed, including the labour theory, reward theory, incentive theory, theory of natural law, spiritual theories, personality theory, economic theory, and theory of natural monopoly. These theories must be applied in line with the Constitution, keeping in mind that other fundamental rights must be balanced with the protection afforded to intellectual property in order to ensure its continued production. It is also important that intellectual property statutes be developed to promote a thriving intellectual commons.


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