Unpublished,
Urheberrecht zwischen Kreativität und Verwertung: Transnationale Mobilisierung und private Regulierung
(2010)
Abstract
As a result of the increasing economic value of knowledge and the rapid technological change associated with the Internet, transnational disputes over the regulation of intellectual property rights and licensing have been on the rise. After having been fought out for decades in political arenas such as TRIPS and WIPO treaty negotiations and national legislation, they have shifted to market arenas since the turn of the millennium. As a point of departure, this study examines the paradox that an industry coalition that had very successfully lobbied international organizations ran into trouble developing and enforcing private regulation in the market place, while a civil society coalition proved to be more effective in the market than in the political sphere. The analysis shows that these differences can be explained by social and political mobilization processes within the market. Evidence suggests that the success of mobilizing strategies could not be attributed to material resources alone, but also depended on whether and to what extent collective action frames proved compatible with individual and collective actors’ socially embedded (interaction) practices and enabled the creation and utilization of knowledge and culture. (Authors’ abstract)
