Copyright User Rights
Contracts and the Erosion of Property
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Product details:
- Publisher OUP Oxford
- Date of Publication 14 September 2017
- ISBN 9780198754794
- Binding Hardback
- No. of pages258 pages
- Size 240x163x20 mm
- Weight 548 g
- Language English 0
Categories
Short description:
A detailed and innovative analysis of the issues surrounding copyright user rights in an increasingly dematerialized environment.
MoreLong description:
This is the first book to offer an in-depth investigation of the unsettled nature, scope and dynamics of copyright user rights in an increasingly dematerialized environment. Combining a detailed theoretical framework with practical applications, the book provides a comprehensive perspective on copyright user rights, exploring the nature of commercial copies of copyright works, of exceptions to copyright infringement, and how they are shaped to a large extent by traditional concepts of private law (e.g. property, goods, services, sales, and licences).
Using property and contract law and theory, it addresses the competing interests of copyright holders and users in the same object, and points out the double standards in how the rights of copyright holders and copyright users are dealt with. It argues that the property component of user rights has been largely neglected and needs to be brought to the fore, to give the protection that users deserve, without neglecting the rights users should have as they increasingly experience copyright works through services. With the onset of an increasingly digital age, it emphasises how traditional concepts of private law need to adapt for adequately dealing with the dematerialization of copies of copyright works and user rights. It proposes a clearer view on the justification and nature of user rights, with possible gradations of powers for users, and suggests how courts and legislatures may address contract terms that weaken user rights.
This book provides vital tools for law- and policy-makers worldwide who seek to achieve the proper balance between the competing rights and interests of copyright holders, copyright users, and the public domain.
Copyright User Rights is a landmark contribution to the literature on copyright users' rights. It offers thoughtful examination of the problems that arise at the interface of competing claims by owners and users in an environment of near-constant innovation in technology and business practices; it also suggests solutions, proposing an ambitious set of reforms that is nevertheless sensitive to the legitimate concerns and interests of all stakeholders, owners and users among them, identifying pragmatic steps that can be taken to address the various concerns.
Table of Contents:
Introduction: Do Copyright Users Have Rights?
Part I: In Search of Copyright User Rights
User Rights to Commercial Copies of Copyright Works
The Nature and Function of Exceptions to Copyright Infringement
In Search of Copyright User Remedies
Part II: Rethinking Tangibility and Intangibility
Redefining Goods, Services, Sales and Licences
First Sale or Exhaustion Doctrine
Digital Locks, Physical Objects and Immaterial Works
Part III: Rethinking User Rights through Property, Rights and Privileges
Why User Rights?
User Property, User Rights and User Privileges
One Last Word
