Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Ambiguous Nature Of Copyright Users' Rights, Pascale Chapdelaine
The Ambiguous Nature Of Copyright Users' Rights, Pascale Chapdelaine
Law Publications
In this article, I investigate the nature of exceptions to copyright infringement or users' rights. Are exceptions to copyright infringement rights or privileges? Are they mandatory? While copyright users' rights and interests have triggered interest and debate amongst scholars, relatively less attention has been given to defining their precise nature, and on the consequences of the main characteristics of exceptions to copyright infringement on copyright law and policy. I examine the interplay between the users' rights set out in the Copyright Act and how they can be altered or overridden by non-negotiated standard end-user agreements and TPMs. To this end, …
Living In The Shadow Of The Intangible: The Nature Of The Copy Of A Copyrighted Work (Part Two), Pascale Chapdelaine
Living In The Shadow Of The Intangible: The Nature Of The Copy Of A Copyrighted Work (Part Two), Pascale Chapdelaine
Law Publications
Copyright laws throughout the world are copyright holder centric and present a very fragmented source to comprehend the rights of users, and in particular of consumers owning copies of copyrighted works. Although in recent years, a growing number of commentators have worked towards defining the place of users in copyright law, little attention has been devoted to the nature and justifications of copy ownership of copyrighted works. This paper applies property and copyright theory to define and justify the existence of copy ownership of copyrighted works. It seeks to carve out in clearer terms the place of copy ownership legally …