Copyright Users' Rights by Pascale ChapdelaineCopyright Users' Rights by Pascale Chapdelaine

Copyright Users' Rights

byPascale Chapdelaine

Hardcover | October 27, 2017

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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 oncopyright user rights, exploring the status 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 hasbeen largely neglected and needs to be brought to the fore, to give the protection that users deserve and for a more balanced approach to copyright. With the onset of an increasingly digital age, it emphasises how traditional concepts of private law need to adapt for adequately dealing with thedematerialization 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.
Professor Pascale Chapdelaine is Associate Professor at the Faculty of Law of the University of Windsor, Canada, and Adjunct Professor and Visiting Scholar at the Faculty of Law of thw University of Toronto. Prior to her academic career, she practised law for 14 years. Chapdelaine has written many journal articles on copyright law.
Title:Copyright Users' RightsFormat:HardcoverDimensions:272 pages, 9.21 × 6.14 × 0.03 inPublished:October 27, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198754795

ISBN - 13:9780198754794


Table of Contents

Part I: Untangling the Copyright Consumers' Bargain1. The Properties of Commercial Copies of Copyright Works2. The Nature and Role of Exceptions to Copyright Infringement3. The Limited Function of Consumer Protection LawPart II: The Struggle Between Tangibility and Intangibility4. Redefining Goods, Services, Sales and Licences5. The Exhaustion or First Sale Doctrine6. Technological Protection MeasuresPart III: Rethinking User Rights through Property and Contracts7. Justifying User Rights8. User Property, User Rights and User Privileges9. Recalibrating the Effects of Contracts on the Scope of CopyrightAfterword: The Cloud and Beyond