Copyright enforcement in the networked society : guiding principles for protecting copyright
Summer, Rene , Suzor, Nicolas P., & Fair, Patrick (2011) Copyright enforcement in the networked society : guiding principles for protecting copyright. Ericsson.
This paper argues that any future copyright policy should be proportional and flexible and be developed from a clear and evidence-based approach. An approach is required that carefully balances the incentives and rewards provided to economic rights holders against fundamental rights of privacy, self-expression, due process and the user rights embodied in copyright law to protect access, learning, critique, and reuse.
This paper also suggests that while adequate enforcement measures are certainly part of a solution to a well functioning lawful, enforcement alone can never solve the root cause of unlawful file-sharing, since it utterly fails to address supply-side market barriers. Focus on enforcement measures alone continues to leave out a legitimate but un-served market demand, susceptible to unlawful alternatives. A competitive and consumer friendly digital content market and an appropriate legal framework to enable easy lawful access to digital content are essential preconditions for the creation of a culture of lawful, rather than unlawful, consumption.
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|Item Type:||Journal Article|
|Keywords:||copyright, enforcement , proportionality, due process, business models|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)|
|Divisions:||Current > Research Centres > ARC Centre of Excellence for Creative Industries and Innovation|
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
|Deposited On:||02 May 2012 10:54|
|Last Modified:||02 May 2012 10:54|
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