Research Handbook on Copyright Law
Show Less

Research Handbook on Copyright Law

Second Edition

Edited by Paul Torremans

This second edition is a timely presentation of the state-of-the-art in copyright research. Copyright law is currently at the centre of many debates and the subject of substantive new developments. The new edition of the Research Handbook captures these fast moving developments and goes far beyond a mere update of the chapters. All of the topical chapters are completely new and the authors have been chosen for their expertise and excellence in the areas concerned. Research Handbook on Copyright Law offers global coverage, both in terms of substance and in terms of author expertise, and maps both the present and future of the discipline. It will prove an invaluable research tool for all those involved in copyright research who wish to keep up with the pace at which this area of law is evolving.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 6: The WIPO right of making available

Gaetano Dimita

Abstract

This chapter focuses on the implementation of Article 8 of the WCT and the relevant case law. It will be shown how the umbrella solution of the WIPO Treaties caused a different set of legal and interpretation issues, depending on the approach chosen for implementing them. In the European Union where Article 8 was implemented verbatim, the disputes concerned the definition of ‘communication’ and ‘public’. In the United States, where the legislator opted not to amend the Copyright Act, the disputes concerned the scope of the existing rights under Section 106 in light of the WIPO Treaties obligations. Keywords: making available, communication to the public, copyright, WIPO treaties, United States, European Union

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.