Criminal Copyright

by Eldar Haber

Overview

Since the birth of criminal copyright in the nineteenth century, the copyright system has blurred the distinction between civil and criminal infringements. Today, in many jurisdictions, infringement of copyrighted materials can result in punitive fines and even incarceration. In this illuminating book, Eldar Haber analyzes the circumstances, justifications, and ramifications of the criminalization process and tells the story of how a legal right in the private enforcement realm has become over-criminalized. He traces the origins of criminal copyright legislation and follows the movement of copyright criminalization and enforcement on local and global scales. This important work should be read by anyone concerned with the future of copyright and intellectual property in the digital era.

Product Details

ISBN-13:	9781108403917
Publisher:	Cambridge University Press
Publication date:	08/16/2018
Pages:	286
Product dimensions:	6.00(w) x 8.90(h) x 0.70(d)

About the Author

Eldar Haber is a Senior Lecturer at the Faculty of Law, University of Haifa and a faculty associate at the Berkman-Klein Center for Internet and Society at Harvard University, Massachusetts. He teaches and writes about copyright, criminal law, surveillance, privacy and data protection, and civil rights and liberties in the digital age. He has published on all these matters in many flagship law reviews and leading law and technology journals. He has won several academic awards, prizes and grants, and his work is frequently cited in many scholarly articles, book chapters, books, Federal Courts, as well as the media.

Table of Contents

Introduction; 1. Criminal copyright overview; 2. Copyright criminalization in the United Kingdom; 3. Copyright criminalization in the United States; 4. The criminal copyright gap; 5. Internal reasoning for criminal copyright; 6. External reasoning for criminal copyright; 7. The copyright-criminal integration; 8. An integrated approach for copyright criminalization; 9. The future of criminal copyright and how to stop it; Conclusion.

Editorial Reviews

‘Haber has written the definitive examination of the increasing integration between copyright enforcement and criminal law. His exhaustive historical analysis, insightful commentary on current trends, and wise policy recommendations for future reforms are a must-read for anyone concerned with striking the balance between effective copyright protection and avoiding a chilling effect on lawful use of copyrighted works.' Michael Geist, Canada Research Chair in Internet and E-commerce Law, University of Ottawa

‘In Criminal Copyright, Eldar Haber skillfully traces the political-legal process of the criminalization of copyright law. He uncovers and scrutinizes the justifications of this unusual enforcement measure, and offers a powerful argument against such criminalization. Criminal Copyright places an important warning and offers crucial guidance for policy-makers, authors and users.' Michael Birnhack, Tel-Aviv University

‘With criminal enforcement of intellectual property on the rise, we need to better understand the implications of criminalizing the unauthorized use of creative works. Haber offers a rigorous overview of criminal copyright, which tackles some of the most challenging questions in copyright law nowadays. This book is not only a must-read for scholars of copyright law, but also offers a useful framework to policymakers in crafting the scope of public enforcement.' Niva Elkin-Koren, Director of the Haifa Center for Law and Technology, University of Haifa and Harvard University

From the Publisher