The Making Available Right
Show Less

The Making Available Right

Realizing the Potential of Copyright’s Dissemination Function in the Digital Age

Cheryl Foong

The right of copyright owners to make their content available to the public is crucial in an environment driven by access. The Making Available Right provides in-depth analysis of this exclusive right and offers insights on how we can approach the right in a more transparent and principled manner. This thought-provoking book brings together detailed analysis of the law and a broader consideration of copyright’s fundamental aims, and will be of interest to judges, practitioners and scholars concerned about how copyright deals with access going forward.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 3: The Internet Treaties: introducing the making available right

Cheryl Foong


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.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.