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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
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Copyright Limitations and Contracts - An Analysis of the Contractual Overridability of Limitations on Copyright (Hardcover)
Loot Price: R6,044
Discovery Miles 60 440
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Copyright Limitations and Contracts - An Analysis of the Contractual Overridability of Limitations on Copyright (Hardcover)
Series: Information Law Series Set
Expected to ship within 10 - 15 working days
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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, Copyright
Limitations and Contracts 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 (e.g. fully negotiated vs.
"shrinkwrap"), 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 be 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 exerciseabsolute control over
copyrighted material, even under circumstances of global mass
distribution. As we become more and more aware that the
intersection of copyright and contract reveals one of the deepest
and most far-reaching contradictions of our time, this illuminating
analysis will be of extraordinary value to jurists in every area of
public and private law.
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