The Digital Copyright Exchange: Threats and Opportunities

This paper investigates the threats and opportunities posed by the possibility of a Digital Copyright Exchange (DCE). On the one hand, an exchange could be implemented as a way of replacing traditional distributors such as publishers. On the other hand, it could strengthen certain publishers by making licensing of content the normal method of distribution. An exchange may, therefore, be accurately described as a facilitator of change. The Hooper Feasibility Studies of 2012 have posed a number of possible formulations of the Exchange, but it is suggested that those studies have not realised the broader implications of their proposals upon the central tenets of the copyright balancing exercise. This paper outlines possible consequences and suggests that a broader consideration of the implications should be adopted in future.