Access-Right

The Future of Digital Copyright Law

Zohar Efroni (Autor)

Buch | Hardcover

632 Seiten

2011
Oxford University Press Inc (Verlag)
978-0-19-973407-8 (ISBN)

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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 drew those 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 of technology 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 calls for 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 analyzes existing 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 define copyright entitlements, and in the way in which those entitlements may interrelate within a single, coherent scheme.

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 Institute for Intellectual Property, Competition and Tax Law in Munich, Germany. He is currently a nonresidential fellow at the Center for Internet and Society (Stanford Law School), where he contributes to the CIS website writing on current issues of law, technology and intellectual property. Dr. Efroni consults firms, individuals and agencies on matters of information policy, privacy and IP, both domestically and internationally. Dr. Efroni holds law degrees acquired in Israel (LL.B.) and in New York (LL.M. IP), as well as a legal Ph.D. with honors from the Ludwig Maximilians University in Munich (summa cum laude). He is admitted to practice law in Israel, New York and Germany.

TABLE OF CONTENTS

INTRODUCTION
I. The Inception of an Idea
II. Structure of the Study
III. Methodology and Terminology
IV. The Thesis

PART 1

CHAPTER 1: INFORMATION
I. Introductory Remarks
II. Theoretical Approaches to Conceptual Analysis of Information
III. Information as-a-Process
IV. The Model
V. Application of the Model to Copyright Law
VI. Conclusion

CHAPTER 2: PROPERTY AND PROPERTY RIGHTS
I. Introduction
II. The Hohfeldian Model of Jural Relations
III. Private Property
IV. Intellectual Property
V. Conclusion

CHAPTER 3: ACCESS
I. Introduction
II. Access to Information Revisited
III. The Access-Right and Rights-of-Access
IV. Technological Protections Measures
V. Conclusion

PART 2

CHAPTER 4: THE DIGITAL REPRODUCTION RIGHT
I. Introduction
II. Some Technical Aspects
III. International Copyright Law and Digital Reproduction
IV. Digital Reproduction in U.S. Law
V. Digital Reproduction in Europe
VI. The Digital Reproduction Right as Access-Right

CHAPTER 5: THE DIGITAL COMMUNICATION RIGHT
I. Introduction
II. Communication Rights in the Berne Convention
II. Early Deliberations in the United States and Europe
III. The WCT and its "Umbrella Solution"
IV. Communication to the Public in the EUCD
V. The Communication Right as Access-Right

CHAPTER 6: ANTICIRCUMVENTION LAWS
I. Introduction
II. External Anticircumvention Laws
III. The Inception of Copyright Anticircumvention Laws
IV. Anticircumvention in the 1996 WIPO Treaties
V. Anticircumvention Law in the United States
VI. Article 6 of the E.U. Information Society Directive
VII. Implementation in Germany
VIII. Anticircumvention Law as Access-Right

PART 3

CHAPTER 7: THE PRESENT
I. Introduction
II. The Arguments
III. Approaches Addressing Overprotection
IV. Neo-Conservatism or Reformism?

CHAPTER 8: THE FUTURE
I. Introduction
II. Three Preliminary Distinctions
III. The Access-Right Regime
IV. The Exemptions
V. International Aspects
VI. Access-Based Regulation as a Balancing Instrument
VII. Conclusion

BIBLIOGRAPHY

TABLE OF REFERENCES

TABLE OF CASES

INDEX

Verlagsort	New York
Sprache	englisch
Maße	234 x 155 mm
Gewicht	1021 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Wirtschaftsrecht ► Urheberrecht
ISBN-10	0-19-973407-0 / 0199734070
ISBN-13	978-0-19-973407-8 / 9780199734078
Zustand	Neuware