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Vol 23 No 2 Feb/March 2018

Book of the Month

Cover of The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

Edited by: Daniel Clarry
Price: £120.00

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Copyright Users' Rights: Contracts and the Erosion of Property

ISBN13: 9780198754794
Published: September 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £70.00

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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 on copyright 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 has been 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 the dematerialization 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.

Intellectual Property Law
Part I: Untangling the Copyright Consumers' Bargain
1: The Properties of Commercial Copies of Copyright Works
2: The Nature and Role of Exceptions to Copyright Infringement
3: The Limited Function of Consumer Protection Law

Part II: The Struggle Between Tangibility and Intangibility
4: Redefining Goods, Services, Sales and Licences
5: The Exhaustion or First Sale Doctrine
6: Technological Protection Measures

Part III: Rethinking User Rights through Property and Contracts
7: Justifying User Rights
8: User Property, User Rights and User Privileges
9: Recalibrating the Effects of Contracts on the Scope of Copyright
Afterword: The Cloud and Beyond