Implied Licences in Copyright Law
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Product details:
- Edition number 1
- Publisher OUP Oxford
- Date of Publication 4 March 2021
- ISBN 9780198858195
- Binding Hardback
- No. of pages368 pages
- Size 240x165x30 mm
- Weight 708 g
- Language English 304
Categories
Short description:
This book develops a systematic way of implying copyright licences and analyses the existing case law in light of these proposed frameworks to demonstrate how the court's reasoning can be made methodical and transparent, testing the methodology in relation to three essential functions on the internet - browsing, hyperlinking, and indexing.
MoreLong description:
A person can lawfully engage in an act restricted by copyright if they have the licence of the copyright owner or if their actions are covered by a statutory exception. However, if a person has the benefit of neither of these, it may still be possible to imply a copyright licence to respond to copyright infringement. In contrast to the rigidity of the statutory exceptions, implied licences are more malleable in being able to respond to a diverse set of circumstances, as the need arises. Thus, implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of the copyright owners and content users, especially in today's dynamic technological environment. However, implication as a process is contentious, and there are no established principles for implying copyright licences. The resulting uncertainty has prevented implied licences from being embraced more readily by the courts. Therefore, this book develops a methodical and transparent way of implying copyright licences, based on three sources: the consent of the copyright owner; an established custom; and state intervention to achieve policy goals. The frameworks proposed are customised separately for implying bare and contractual licences, where relevant. The book goes on to analyse the existing case law in the light of these frameworks to demonstrate how the court's reasoning can be made methodical and transparent. Underscoring the contemporary relevance of implied licences, this book tests and validates the methodology in relation to three essential and ubiquitous functions on the internet - browsing, hyperlinking, and indexing.
MoreTable of Contents:
Introduction
Part I: Conceptual Foundation
Copyright Licence as a Legal Relationship
Bases for Copyright Licences to be Implied
Frameworks for Implying Copyright Licences
Part II: Rationalising Conceptual Frameworks within Copyright Doctrine
Consent-based Implied Bare Licences
Consent-based Implied Contractual Licences
Licences Implied by Custom
Policy-based Implied Contractual Licences
Policy-based Implied Bare Licences
Part III: Application of Implied Copyright Licences to the Internet
Implied Licences on the Internet - Fundamentals
Browsing and Streaming
Hyperlinking
Indexing
Conclusion
Implied Licences in Copyright Law
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