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Access-Right: The Future of Digital Copyright Law (Hardback)
  • Access-Right: The Future of Digital Copyright Law (Hardback)
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Access-Right: The Future of Digital Copyright Law (Hardback)

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£96.00
Hardback 632 Pages / Published: 13/01/2011
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Copyright law has become the subject of general concerns that reach beyond the limited circles of specialists and prototypical rights-holders. The role, scope and effect of copyright mechanisms involve genuinely complex questions. Digitization trends and the legal changes that followed drew those complex matters to the center of an ongoing public debate. In Access-Right: The Future of Digital Copyright Law, Zohar Efroni explores theoretical, normative and practical aspects of premising copyright on the principle of access to works. The impetus to this approach has been the emergence of technology that many consider a threat to the intended operation, and perhaps even to the very integrity, of copyright protection in the digital setting: It is the ability to control digital works already at the stage of accessing them by means of technological protection measures. The pervasive shift toward the use of digital technology for the creation, dissemination, exploitation and consumption of copyrighted material warrants a shift also in the way we perceive the structure of copyright rules. Premising the copyright order on the concept of digital access first calls for explaining the basic components of proprietary access control over information in the abstract. The book then surveys recent developments in the positive law, while showing how the theoretical access-right construct could explain the logic behind them. Finally, the book critically analyzes existing approaches to curbing the resulting problems of imbalance and overprotection, which are said to disadvantage users. In conclusion, the book advocates for a structural overhaul of our current regulative apparatus. The proposed reform involves a series of changes in the way we define copyright entitlements, and in the way in which those entitlements may interrelate within a single, coherent scheme.

Publisher: Oxford University Press Inc
ISBN: 9780199734078
Number of pages: 632
Weight: 1032 g
Dimensions: 240 x 171 x 47 mm


MEDIA REVIEWS

"With copyright in crisis, this courageous and ambitious work provides much-needed
scholarly analysis and insight. Zohar Efroni develops a comprehensive, theoretically solid
concept for copyright in the digital age, the access-right model (ARM). Based on a flexible
assertion principle, ARM would be restricted to works expressed digitally. It would replace
the often incomplete and accidental range of individual exclusive rights, thus opening a
convincing future for digital copyright law, without restricting the rights and interests of
legitimate users."
--PROF. ADOLF DIETZ, Max Planck Institute for Intellectual Property (ret.), Munich, Germany


"How to respond to the copyright crisis? This book proposes access-based regulation for
redesigning digital copyright, and it offers a fresh perspective on the controversies regarding the future of copyright. With impressive clarity, Zohar Efroni applies the lessons of information theory and a systematic analysis of digital technology to developments in copyright law. By incorporating the notions of information flows and digital access into copyright doctrine, Efroni presents inspiring insights into the nature of copyright in the digital environment."
--NIVA ELKIN-KOREN, Dean of the University of Haifa Faculty of Law and the founding
director of the Haifa Center for Law and Technology


"[T]his book is an important contribution to the theoretical debate about the
proper role of copyright in the case of digital works and also provides opportunities
for further research regarding specific aspects of the proposed model. Moreover, its
clear and intriguing structure makes is highly interesting and also readable by a wide
audience. It should be read by copyright practitioners and scholars alike who have an
understanding of copyright law's recent developments and would like to gain further
deep insight by looking into a complete and original proposal."
--Queen Mary Journal of Intellectual Property, Vol. 1 No. 3
Reviewer: Vasiliki Samartzi, LLM (UCL), Attorney-at-law, PhD Candidate, Centre for Commercial Law Studies, Queen Mary University of London, UK


"Access-Right is an excellent, erudite, and sense-laden addition to the canon of copyright law works in circulation. Efroni's version of the ARM is an ambitious attempt to strip down copyright law and rebuild it in a style that is fit for purpose; one that meets the demands of this digital age."
--Huw Alexander, SAGE Publishing


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