Realizing the Potential of Copyright’s Dissemination Function in the Digital Age
Chapter 4: National and regional implementation: US, EU and Australia
This chapter provides an account of current national and regional approaches to the making available right. The implementation of the making available right under national (United States and Australia) and regional (European Union) legal regimes is considered in detail. It discusses the statutory provisions giving effect to the making available right in Australia, the United States and the European Union under the ‘umbrella solution’ and explains the different language utilized in these jurisdictions. Using cases arising in the context of linking and cloud technologies, the chapter provides comparative analysis of judicial approaches to the two key elements of the right: (1) an ‘act’ of making available, that is (2) ‘to the public’. The chapter provides preliminary analysis on the conceptual difficulties that have been exacerbated by online technologies, laying the groundwork for deeper analysis in subsequent chapters.
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