A.C.T.A. and the effects of the agreement on the on-line marketing strategies

• Author: Boitor, A.-B. - Hertanu, A.
• Position: PhD Student, Dept. of Economic Sciences and Business Administration, Transilvania University of Brasov
• Pages: 25-30

Bulletin of the Transilvania University of Braşov • Vol. 5 (54) •No. 1 - 2012

Series V: Economic Sciences

A.C.T.A. AND THE EFFECTS OF

THE AGREEMENT ON

THE ON-LINE MARKETING STRATEGIES

A.-B. BOITOR1 A. HERANU1

Abstract: This article presents the most controversial and discussed treaty

over the last period and its consequences on the marketing strategies of

different companies in fields such as the movie industry, the music industry

and the publishing domain. The A.C.T.A. treaty was signed by over 27

countries, and brings up positive effects upon the strategies of those

companies which suffer losses from piracy and counterfeiting of intellectual

property rights. The paper reflects the changes that the treaty can bring

especially to the online marketing strategies of the biggest movie studios and

music production labels.

Key words: copyright, A.C.T.A., on-line marketing, piracy.

1 PhD Student, Dept. of Economic Sciences and Business Administration, Transilvania University of Braşov.

1. Introduction

Over the last decade, the copyright

scholarship has suggested the existence of

a new right in copyright law: the right of

access - that is, the right to control access

to copyright works for the right holder, and

the right to access copyright works for the

user. According to some authors, this new

right was affected through the

implementation and the legal protection of

technological protection measures. [2]

The European Union Copyright

Directive 2001 is the first legislative

instrument meant to address the copyright

regulation (and infringement) in the digital

environment. Ever since the presentation

of its bill, it has raised heated debates. [3]

Access control has always been part of

the rights granted by copyright protection.

The exclusive rights of reproduction and

distribution were initially the privileges of

governments, aiming at controlling the

public access to knowledge. Subsequently,

they became privileges of book publishers,

who wanted to avoid unauthorized access

to copyright works, in order to recoup their

investment. More recently, issues of access

to copyright works have been raised on the

side of the user. With the increasing

implementation of copyright limits, users

gained access entitlements to copyright

works that compete with the access-

controlling privilege of the right owner.

The advent of the Digital Era raised the

tension between owner and user in the

matter of access. [2]

It is obvious that the developing

countries’ interest in the intellectual

property rights actually equals the need of

these countries to regulate intellectual

property on the basis of their own national

standards. Additionally, developing

countries strongly emphasized the need to

admit that it is a matter of sovereign rights

(of all countries) to regulate, use, and