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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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UK Public Holiday Monday 28th May

Wildy's will be closed on Monday 28th May, re-opening on Tuesday 29th.

Online book orders received during the time we are closed will be processed as soon as possible once we re-open on Tuesday.

As usual credit cards will not be charged until the order is processed and ready to despatch.

Any Sweet & Maxwell or Lexis eBook orders placed after 4pm on the Friday 25th May will not be processed until Tuesday May 29th. UK orders for other publishers will be processed as normal. All non-UK eBook orders will be processed on Tuesday May 29th.

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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



Low stock.

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.

Subjects:
Intellectual Property Law
Contents:
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