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Copyright User Rights: Contracts and the Erosion of Property

Autor Pascale Chapdelaine
en Limba Engleză Hardback – 13 sep 2017
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.
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Specificații

ISBN-13: 9780198754794
ISBN-10: 0198754795
Pagini: 258
Dimensiuni: 163 x 240 x 21 mm
Greutate: 0.54 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

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.
Chapdelaine's approach provides for a deeper and novel account of how to understand copyright user rights. It also provides technological disruptors, librarians, and consumers a detailed intellectual roadmap with which to graph new trails for the coming century.

Notă biografică

Professor Pascale Chapdelaine is Associate Professor at the Faculty of Law of the University of Windsor, Canada. Prior to her academic career, she practised law for 14 years. Chapdelaine has written many journal articles on copyright law, has taught in various parts of the world, and is a frequent speaker at conferences worldwide.