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The Evolution and Equilibrium of Copyright in the Digital Age


Part of Cambridge Intellectual Property and Information Law

Susy Frankel, Daniel Gervais, Jane C. Ginsburg, Niva Elkin-Koren, Irene Calboli, Rebecca Giblin, Christophe Geiger, Luo Li, Susan Corbett, Pablo Wegbrait, Graeme Austin, Brad Sherman, Leanne Wiseman, Christoph Graber, Yee Wah Chin, Glynn Lunney, Eddies Schwartz
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  • Date Published: August 2014
  • availability: Available
  • format: Hardback
  • isbn: 9781107062566

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About the Authors
  • The digital age has prompted new questions about the role and function of copyright. Internationally, copyright has progressively increased its scope of protection over new technology and modes of distribution. Yet many copyright owners express dissatisfaction and consider that the system is not working for them. Many users of copyright material, and even some owners, consider that copyright gives too much protection and that copyright owners want too much. This book considers how copyright might evolve in the twenty-first century and how it might reach equilibrium between authors, owners, users and those who connect them.

    • Discussion of multiple aspects of copyright law will appeal to those interested in considering opposing viewpoints
    • Avoids polarised debate in favour of finding solutions by engaging with the different viewpoints
    • Contains contributions from authors with a variety of backgrounds
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    Product details

    • Date Published: August 2014
    • format: Hardback
    • isbn: 9781107062566
    • length: 338 pages
    • dimensions: 235 x 157 x 20 mm
    • weight: 0.61kg
    • contains: 7 b/w illus.
    • availability: Available
  • Table of Contents

    Evolution and equilibrium: an introduction Susy Frankel and Daniel Gervais
    Part I. Central Players: Authors, Owners, Intermediaries and Users:
    1. Exceptional authorship: the role of copyright exceptions in promoting creativity Jane C. Ginsburg
    2. After twenty years: revisiting copyright liability of online intermediaries Niva Elkin-Koren
    3. Overlapping rights: using trademark law to enforce 'copyright'? Irene Calboli
    Part II. New Enforcement Regimes:
    4. Beyond graduated response Rebecca Giblin
    5. The rise of criminal enforcement of intellectual property rights … and its failure in the context of copyright infringement on the Internet Christophe Geiger
    6. Administrative enforcement of copyright law in China: a characteristic deserving praise or repealing? Luo Li
    Part III. Old Legal Techniques and New Challenges:
    7. Out of time? Copyright law and the Australasian judiciary in the digital age Susan Corbett
    8. Internet service provider liability for copyright infringement in Latin America Pablo Wegbrait
    9. New technologies and the scale of copyright infringement: should size matter to liability? Graeme Austin
    10. Facilitating access to information: understanding the role of technology in copyright law Brad Sherman and Leanne Wiseman
    Part IV. The Collective Management Solution:
    11. Is there potential for collective rights management at the global level? Perspectives of a new global constitutionalism in the creative sector Christoph Graber
    12. Collective management in the twenty-first century from a competition law perspective Yee Wah Chin
    13. Copyright on the Internet: consumer copying and collectives Glynn Lunney
    14. Coda: fair trade music: letting the light shine in Eddies Schwartz.

  • Editors

    Susy Frankel, Victoria University of Wellington
    Susy Frankel is Professor of Law and Director of the New Zealand Centre of International Economic Law at Victoria University of Wellington.

    Daniel Gervais, Vanderbilt University, Tennessee
    Daniel Gervais is Professor of Law at Vanderbilt University Law School, Nashville, USA, where he is Director of the Vanderbilt Intellectual Property Program.


    Susy Frankel, Daniel Gervais, Jane C. Ginsburg, Niva Elkin-Koren, Irene Calboli, Rebecca Giblin, Christophe Geiger, Luo Li, Susan Corbett, Pablo Wegbrait, Graeme Austin, Brad Sherman, Leanne Wiseman, Christoph Graber, Yee Wah Chin, Glynn Lunney, Eddies Schwartz

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