The Making Available Right
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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.
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Chapter 7: Conceptual framework for the future

Cheryl Foong


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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