Realizing the Potential of Copyright’s Dissemination Function in the Digital Age
Chapter 7: Conceptual framework for the future
This chapter presents proposals for refining our approach to the making available right, moving us away from the existing theoretically unsound approaches. It identifies four principles, set out as an Interpretive Matrix, to guide the development of the making available right. Using case examples, this chapter discusses how judges can utilize the Interpretive Matrix to structure their decisions in a clearer and more principled manner. It also explains why a light legislative touch may be needed in this area. In addition, this chapter considers how the principles of the Interpretive Matrix may be used to guide copyright negotiations among rights holders and disseminators. With these principles in mind, stakeholders should seek to bring a degree of transparency to this area of practice and advance copyright consumers’ freedom to access content using new technologies.
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