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Vol 22 No 11 Nov/Dec 2017

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Cover of The Law of Contract Damages

The Law of Contract Damages

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Copyright Limitations and Contracts

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ISBN13: 9789041198679
ISBN: 9041198679
Published: February 2002
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £128.00



Despatched in 9 to 11 days.

Traditional copyright law strikes a balance between an author's control of original material and society's interest in the free flow of ideas, information, and commerce. In today's digitally networked environment, this balance has shifted dramatically to one side, as powerful rights holders contractually impose terms and conditions of use far beyond the bounds set by copyright law.

This book explores this conflict, focusing on statutory copyright limitations that enshrine constitutional rights such as freedom of expression and privacy, foster dissemination of knowledge, safeguard competition, and protect authors from market failure. It explains the rationale for these limitations and questions the legality of overriding them by contractual means.

The author finds a complex array of factors clouding the emergence of coherent rules in the matter and points out that the United States' Uniform Computer Information Transactions Act (UCITA) leaves this issue essentially unresolved. Among the author's insights is that, contrary to the commonly held notion that the Internet is a bastion of free speech, in fact it is now possible (via encryption technology) to exercise absolute control over copyrighted material, even under circumstances of global mass distribution.

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Contents:
Foreword. List of Abbreviations.
Chapter 1. Introduction.
1. Current Trends in the Information Trade.
2. Definition of the Problem.
3. Structure of the Book.
Chapter 2. Copyright Rules and Limitations.
1. General Structure of the Copyright System.
2. Justifications behind the Limitations.
3. Legal Nature of the Limitations.
Chapter 3. Freedom of Contract.
1. Principle of Freedom of Contract.
2. Limits on Freedom of Contract.
Chapter 4. Intersection between Copyright Rules and Freedom of Contract.
1. Contracts for the Use of Copyrighted Material.
2. Limits on Freedom of Contract.
Chapter 5. Conclusion.
1. Summary.
2. Concluding Remarks. Samenvatting. Sommaire. Bibliography. Index.

Series: Information Law Series

Open Source Software and Intellectual Property Rights ISBN 9789041152282
Published June 2014
Kluwer Law International
£148.00
Variable Scope of the Exclusive Economic Rights in Copyright ISBN 9789041149152
Published May 2014
Kluwer Law International
£140.00
Codification of European Copyright Law: Challenges and Perspectives ISBN 9789041141453
Published December 2012
Kluwer Law International
£127.00
£95.00
Copyright Enforcement and the Internet ISBN 9789041133465
Published November 2010
Kluwer Law International
£108.00
Public Broadcasting and European Law ISBN 9789041125002
Published May 2008
Kluwer Law International
£108.00
£107.00
Copyright, Limitations and the Three-step Test ISBN 9789041122674
Published January 2004
Kluwer Law International
£107.00
£95.00
Data Protection Law: Approaching Its Rationale, Logic and Limits ISBN 9789041198709
Published August 2002
Kluwer Law International
£141.00
The Commodification of Information
ISBN 9789041198761
Published July 2002
Kluwer Law International
£158.00
Copyright and Electronic Commerce
Edited by: Hugenholtz
ISBN 9789041197856
Published April 2000
Kluwer Law International
£126.00
Intellectual Property and Information Law: Essays in Honour of Herman Cohen Jehoram ISBN 9789041197023
Published January 1999
Kluwer Law International
£146.00
From Privacy Toward a New Intellectual Property Right in Persona ISBN 9789041103550
Published February 1997
Kluwer Law International
£158.00
The Future of Copyright in a Digital Environment
ISBN 9789041102676
Published July 1996
Kluwer Law International
£123.00
Challenges to the Creator Doctrine
ISBN 9789065448767
Published August 1994
Kluwer Law International
£93.00
Copyright and Photographs: An International Survey ISBN 9789041197221
Published December 0002
Kluwer Law International
£158.00