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 8: Conclusion: towards principled and transparent decision making

Cheryl Foong

Abstract

This final chapter underscores the importance of copyright’s fundamental functions to the development of sound copyright analysis. The development of the making available right thus far illustrates the shortcomings of approaches that take copyright’s dissemination function for granted. This chapter reiterates the key findings of the book and highlights the areas of activity that present opportunities for implementing the principles identified. In sum, it emphasizes the theoretical and practical legal strategies that should be put into practice to further the core functions and aims of copyright. These are the steps that should be taken in our quest for clearer and more sensible copyright laws – with the making available right as an essential starting point.

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