Implied Licences in Copyright Law
Oxford University Press (Verlag)
978-0-19-885819-5 (ISBN)
A person can lawfully engage in an act restricted by copyright if they have the licence of the copyright owner or if their actions are covered by a statutory exception. However, if a person has the benefit of neither of these, it may still be possible to imply a copyright licence to respond to copyright infringement. In contrast to the rigidity of the statutory exceptions, implied licences are more malleable in being able to respond to a diverse set of circumstances, as the need arises. Thus, implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of the copyright owners and content users, especially in today's dynamic technological environment. However, implication as a process is contentious, and there are no established principles for implying copyright licences. The resulting uncertainty has prevented implied licences from being embraced more readily by the courts. Therefore, this book develops a methodical and transparent way of implying copyright licences, based on three sources: the consent of the copyright owner; an established custom; and state intervention to achieve policy goals. The frameworks proposed are customised separately for implying bare and contractual licences, where relevant. The book goes on to analyse the existing case law in the light of these frameworks to demonstrate how the court's reasoning can be made methodical and transparent. Underscoring the contemporary relevance of implied licences, this book tests and validates the methodology in relation to three essential and ubiquitous functions on the internet - browsing, hyperlinking, and indexing.
Poorna Mysoor is Leverhulme Trust Early Career Fellow at the Faculty of Law, University of Oxford. Her research lies at the intersection of private law and intellectual property law. She is affiliated to the Queen's College, Oxford as a Junior Research Fellow and as an Academic Member of the Oxford Intellectual Property Research Centre. Poorna has practised intellectual property law in Hong Kong and was a litigator in India.
Introduction
Part I: Conceptual Foundation
1: Copyright Licence as a Legal Relationship
2: Bases for Copyright Licences to be Implied
3: Frameworks for Implying Copyright Licences
Part II: Rationalising Conceptual Frameworks within Copyright Doctrine
4: Consent-based Implied Bare Licences
5: Consent-based Implied Contractual Licences
6: Licences Implied by Custom
7: Policy-based Implied Contractual Licences
8: Policy-based Implied Bare Licences
Part III: Application of Implied Copyright Licences to the Internet
9: Implied Licences on the Internet - Fundamentals
10: Browsing and Streaming
11: Hyperlinking
12: Indexing
Conclusion
| Erscheinungsdatum | 23.04.2021 |
|---|---|
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 165 x 240 mm |
| Gewicht | 708 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht | |
| Recht / Steuern ► Wirtschaftsrecht ► Urheberrecht | |
| ISBN-10 | 0-19-885819-1 / 0198858191 |
| ISBN-13 | 978-0-19-885819-5 / 9780198858195 |
| Zustand | Neuware |
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