Realizing the Potential of Copyright’s Dissemination Function in the Digital Age
Chapter 3: The Internet Treaties: introducing the making available right
This chapter explains the basic characteristics of the making available right as established at the international level and the flexibility for implementation afforded under the ‘umbrella solution’. It evaluates the reasons for introducing the right as expressed in the debates and negotiations leading up to the World Intellectual Property Organization Internet Treaties, and considers the relevance of these preparatory works (or travaux préparatoires) under principles of treaty interpretation as set out in the Vienna Convention on the Law of Treaties. This chapter also discusses the lack of authoritative decisions at the international level on the scope of the making available right and, in light of this, the potential for international consensus to arise through judicial interpretation of the right by national and regional courts.
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