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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Implied Licences in Copyright Law (Hardcover, 1)
Loot Price: R3,532
Discovery Miles 35 320
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Implied Licences in Copyright Law (Hardcover, 1)
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A person can lawfully engage in an act restricted by copyright if
they have the licence of the copyright owner or if their actions
are covered by a statutory exception. However, if a person has the
benefit of neither of these, it may still be possible to imply a
copyright licence to respond to copyright infringement. In contrast
to the rigidity of the statutory exceptions, implied licences are
more malleable in being able to respond to a diverse set of
circumstances, as the need arises. Thus, implied licences can serve
as a flexible and targeted mechanism to balance competing
interests, including those of the copyright owners and content
users, especially in today's dynamic technological environment.
However, implication as a process is contentious, and there are no
established principles for implying copyright licences. The
resulting uncertainty has prevented implied licences from being
embraced more readily by the courts. Therefore, this book develops
a methodical and transparent way of implying copyright licences,
based on three sources: the consent of the copyright owner; an
established custom; and state intervention to achieve policy goals.
The frameworks proposed are customised separately for implying bare
and contractual licences, where relevant. The book goes on to
analyse the existing case law in the light of these frameworks to
demonstrate how the court's reasoning can be made methodical and
transparent. Underscoring the contemporary relevance of implied
licences, this book tests and validates the methodology in relation
to three essential and ubiquitous functions on the internet -
browsing, hyperlinking, and indexing.
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