Copyright Limitations And Contracts, An Analysis Of The Contractual Overridability Of Limitations On Copyright

Hardcover (Print)
Buy New
Buy New from BN.com
$209.00
Used and New from Other Sellers
Used and New from Other Sellers
from $219.17
Usually ships in 1-2 business days
Other sellers (Hardcover)
  • All (7) from $219.17   
  • New (6) from $219.17   
  • Used (1) from $246.47   

Overview

Traditional copyright law strikes a delicate 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 vitally significant book explores this conflict from its gestation through its current manifestations to its future lineaments and potential consequences.

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, this book clearly 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, among them the nature of the contract, the respective interests of the parties involved, and the legislated policy of particular regimes. She points out that the United States' new Uniform Computer Information Transactions Act (UCITA), which is likely to be adopted by many U.S. States and influence similar legislation in many other countries, leaves this crucial issue essentially unresolved.

Among the author's many startling 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) for the first time in human history to exercise absolute control over copyrighted material, even under circumstances of global mass distribution.

Read More Show Less

Product Details

  • ISBN-13: 9789041198679
  • Publisher: Kluwer Law International, BV
  • Publication date: 2/19/2002
  • Series: Information Law Series Set Series
  • Pages: 392
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.88 (d)

Table of Contents

Foreword
Table of contents
List of abbreviations
Ch. 1 Introduction 1
1.1 Current trends in the information trade 1
1.2 Definition of the problem 3
1.3 Structure of the Book 6
Ch. 2 Copyright rules and limitations 7
2.1 General structure of the copyright system 7
2.2 Justifications behind the limitations 27
2.3 Legal nature of the limitations 90
Ch. 3 Freedom of contract 111
3.1 Principle of freedom of contract 112
3.2 Limits on freedom of contract 121
Ch. 4 Intersection between copyright rules and freedom of contract 197
4.1 Contracts for the use of copyrighted material 198
4.2 Limits on freedom of contract 213
Ch. 5 Conclusion 291
Samenvatting 305
Sommaire 319
Bibliography 333
Index 367
About the author 377
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)