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Sebastian Felix Schwemer

Sebastian Felix Schwemer

Industrial Researcher

Sebastian holds a German law degree (Dipl.-Jur.) with specialization in intellectual property and media law from Ludwig-Maximilians University, and a Master of Science degree (M.Sc.) in law, economics and management from University of Copenhagen and Copenhagen Business School. Before joining the Faculty of Law, he has been working for leading law firms, research institutions and startup companies with a strong focus on the entertainment vertical and the digital ecosystem.

He is also Fellow at Humboldt Institute for Internet and Society (HIIG), Berlin.

You can follow Sebastian on Twitter @schwemer.

Primary fields of research

Sebastian is primarily interested in studying policy-related questions on intellectual property law, especially copyright law and the Internet, with a focus on digital content licensing (in fields such as on-demand streaming of music and films or open data). Besides, he is intrigued by entrepreneurial approaches to law by means of automation, AI and legal informatics.

Current research project: "Licensing of copyrighted-content for the Internet"

Copyright is territorial. But is the Internet? In Europe, licensing and access practices do not reflect the digital narrative, in which endusers demand ubiquitous access. Before this reality, the territorial nature of copyright and its business models collide with the borderless nature of the Internet and the political goal of a Digital Single Market.

This PhD project probes the regulation of two different online markets, which have recently been subject to scrutiny by the EU legislator: the audiovisual and the music sector. The thesis puts the regulatory and non-regulatory initiatives, which support the facilitation of cross-border access to content, in the context of Better Regulation, the multi-governance approach by the European legislator. In addition to legal research, it looks to economic theory in order to benchmark the different solutions in terms of accessibility and transaction costs.

The research finds that the interplay between harmonization efforts under the Digital Single Market Agenda (Directive 2014/26/EU; Proposal for Regulation on Portability) and competition proceedings (CISAC proceedings; CJEU in Premier League and Murphy) has been helpful in mitigating the effects of licenses based on territoriality. It suggests more coherent measures are necessary to enable cross-border dissemination of content.

Keywords: Law and Economics, copyright licensing, collective management, online streaming, geo-blocking, competition law, better regulation, business model specific regulation, Digital Single Market

JEL classifications: K11, K29, L86, O34

 

Teaching

2014 (Spring term)    EU Intellectual Property Law and Policy in a Global Context     
2014 (Fall term) Law, Science & Technology in the Digital Society (GitHub, Slideshare)

Sebastian is frequently speaking on related issues and delivering guest lectures, e.g. at the Euroean Institute of Technology (Climate-KIT) or at KU's Department of media, cognition and communication. He has also contributed to several blogs such as The 1709 BlogIPTrollet, or HIIG.

Sebastian is supervising students within his research fields.

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