Access-Right: The Future of Digital Copyright Law

Hardcover | December 31, 2010

byZohar Efroni

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Copyright law has become the subject of general concerns that reach beyond the limited circles of specialists and prototypical rights-holders. The role, scope and effect of copyright mechanisms involve genuinely complex questions. Digitization trends and the legal changes that followed drewthose complex matters to the center of an ongoing public debate. In Access-Right: The Future of Digital Copyright Law, Zohar Efroni explores theoretical, normative and practical aspects of premising copyright on the principle of access to works. The impetus to this approach has been the emergence oftechnology that many consider a threat to the intended operation, and perhaps even to the very integrity, of copyright protection in the digital setting: It is the ability to control digital works already at the stage of accessing them by means of technological protection measures. The pervasive shift toward the use of digital technology for the creation, dissemination, exploitation and consumption of copyrighted material warrants a shift also in the way we perceive the structure of copyright rules. Premising the copyright order on the concept of digital access first callsfor explaining the basic components of proprietary access control over information in the abstract. The book then surveys recent developments in the positive law, while showing how the theoretical access-right construct could explain the logic behind them. Finally, the book critically analyzesexisting approaches to curbing the resulting problems of imbalance and overprotection, which are said to disadvantage users. In conclusion, the book advocates for a structural overhaul of our current regulative apparatus. The proposed reform involves a series of changes in the way we definecopyright entitlements, and in the way in which those entitlements may interrelate within a single, coherent scheme.

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Copyright law has become the subject of general concerns that reach beyond the limited circles of specialists and prototypical rights-holders. The role, scope and effect of copyright mechanisms involve genuinely complex questions. Digitization trends and the legal changes that followed drewthose complex matters to the center of an ongo...

Zohar Efroni is a legal scholar and attorney specializing in intellectual property, Internet and media law. He has published extensively on the interaction between law and technology, especially in the context of property rights in intangible assets. Dr. Efroni has been a resident scholar and a scholarship holder at the Max Planck Inst...
Format:HardcoverDimensions:632 pages, 6.18 × 9.29 × 2.2 inPublished:December 31, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199734070

ISBN - 13:9780199734078

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Table of Contents

IntroductionI. The Inception of an IdeaII. Structure of the StudyIII. Methodology and TerminologyIV. The ThesisPart 11. InformationI. Introductory RemarksII. Theoretical Approaches to Conceptual Analysis of InformationIII. Information as-a-ProcessIV. The ModelV. Application of the Model to Copyright LawVI. Conclusion2. Property and Property RightsI. IntroductionII. The Hohfeldian Model of Jural RelationsIII. Private PropertyIV. Intellectual PropertyV. Conclusion3. AccessI. IntroductionII. Access to Information RevisitedIII. The Access-Right and Rights-of-AccessIV. Technological Protections MeasuresV. ConclusionPart 24. The Digital Reproduction RightI. IntroductionII. Some Technical AspectsIII. International Copyright Law and Digital ReproductionIV. Digital Reproduction in U.S. LawV. Digital Reproduction in EuropeVI. The Digital Reproduction Right as Access-Right5. The Digital Communication RightI. IntroductionII. Communication Rights in the Berne ConventionIII. Early Deliberations in the United States and EuropeIV. The WCT and its "Umbrella Solution"V. Communication to the Public in the EUCDVI. The Communication Right as Access-Right6. Anticircumvention LawsI. IntroductionII. External Anticircumvention LawsIII. The Inception of Copyright Anticircumvention LawsIV. Anticircumvention in the 1996 WIPO TreatiesV. Anticircumvention Law in the United StatesVI. Article 6 of the E.U. Information Society DirectiveVII. Implementation in GermanyVIII. Anticircumvention Law as Access-RightPart 37. The PresentI. IntroductionII. The ArgumentsIII. Approaches Addressing OverprotectionIV. Neo-Conservatism or Reformism?8. The FutureI. IntroductionII. Three Preliminary DistinctionsIII. The Access-Right RegimeIV. The ExemptionsV. International AspectsVI. Access-Based Regulation as a Balancing InstrumentVII. ConclusionBibliographyTable of ReferencesTable of CasesIndex