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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.

Abstract

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.

Impact and interest:

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ID Code: 49783
Item Type: Journal Article
Additional URLs:
Keywords: copyright, enforcement , proportionality, due process, business models
ISSN: 0014-0171
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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