Access-Right: The Future of Digital Copyright Law

Author:   Zohar Efroni (Non-Resident Fellow, Non-Resident Fellow, Stanford Law School--Center for Internet and Society)
Publisher:   Oxford University Press Inc
ISBN:  

9780199734078


Pages:   632
Publication Date:   13 January 2011
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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Access-Right: The Future of Digital Copyright Law


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Overview

Copyright law has become the subject of general concerns that reach beyond the limited circles of specialists and prototypical rights-holders. The role, scope and effect of copyright mechanisms involve genuinely complex questions. Digitization trends and the legal changes that followed drew those complex matters to the center of an ongoing public debate. In Access-Right: The Future of Digital Copyright Law, Zohar Efroni explores theoretical, normative and practical aspects of premising copyright on the principle of access to works. The impetus to this approach has been the emergence of technology that many consider a threat to the intended operation, and perhaps even to the very integrity, of copyright protection in the digital setting: It is the ability to control digital works already at the stage of accessing them by means of technological protection measures. The pervasive shift toward the use of digital technology for the creation, dissemination, exploitation and consumption of copyrighted material warrants a shift also in the way we perceive the structure of copyright rules. Premising the copyright order on the concept of digital access first calls for explaining the basic components of proprietary access control over information in the abstract. The book then surveys recent developments in the positive law, while showing how the theoretical access-right construct could explain the logic behind them. Finally, the book critically analyzes existing approaches to curbing the resulting problems of imbalance and overprotection, which are said to disadvantage users. In conclusion, the book advocates for a structural overhaul of our current regulative apparatus. The proposed reform involves a series of changes in the way we define copyright entitlements, and in the way in which those entitlements may interrelate within a single, coherent scheme.

Full Product Details

Author:   Zohar Efroni (Non-Resident Fellow, Non-Resident Fellow, Stanford Law School--Center for Internet and Society)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 23.40cm , Height: 5.10cm , Length: 15.50cm
Weight:   1.021kg
ISBN:  

9780199734078


ISBN 10:   0199734070
Pages:   632
Publication Date:   13 January 2011
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

"TABLE OF CONTENTS INTRODUCTION I. The Inception of an Idea II. Structure of the Study III. Methodology and Terminology IV. The Thesis PART 1 CHAPTER 1: INFORMATION I. Introductory Remarks II. Theoretical Approaches to Conceptual Analysis of Information III. Information as-a-Process IV. The Model V. Application of the Model to Copyright Law VI. Conclusion CHAPTER 2: PROPERTY AND PROPERTY RIGHTS I. Introduction II. The Hohfeldian Model of Jural Relations III. Private Property IV. Intellectual Property V. Conclusion CHAPTER 3: ACCESS I. Introduction II. Access to Information Revisited III. The Access-Right and Rights-of-Access IV. Technological Protections Measures V. Conclusion PART 2 CHAPTER 4: THE DIGITAL REPRODUCTION RIGHT I. Introduction II. Some Technical Aspects III. International Copyright Law and Digital Reproduction IV. Digital Reproduction in U.S. Law V. Digital Reproduction in Europe VI. The Digital Reproduction Right as Access-Right CHAPTER 5: THE DIGITAL COMMUNICATION RIGHT I. Introduction II. Communication Rights in the Berne Convention II. Early Deliberations in the United States and Europe III. The WCT and its ""Umbrella Solution"" IV. Communication to the Public in the EUCD V. The Communication Right as Access-Right CHAPTER 6: ANTICIRCUMVENTION LAWS I. Introduction II. External Anticircumvention Laws III. The Inception of Copyright Anticircumvention Laws IV. Anticircumvention in the 1996 WIPO Treaties V. Anticircumvention Law in the United States VI. Article 6 of the E.U. Information Society Directive VII. Implementation in Germany VIII. Anticircumvention Law as Access-Right PART 3 CHAPTER 7: THE PRESENT I. Introduction II. The Arguments III. Approaches Addressing Overprotection IV. Neo-Conservatism or Reformism? CHAPTER 8: THE FUTURE I. Introduction II. Three Preliminary Distinctions III. The Access-Right Regime IV. The Exemptions V. International Aspects VI. Access-Based Regulation as a Balancing Instrument VII. Conclusion BIBLIOGRAPHY TABLE OF REFERENCES TABLE OF CASES INDEX"

Reviews

With copyright in crisis, this courageous and ambitious work provides much-needed scholarly analysis and insight. Zohar Efroni develops a comprehensive, theoretically solid concept for copyright in the digital age, the access-right model (ARM). Based on a flexible assertion principle, ARM would be restricted to works expressed digitally. It would replace the often incomplete and accidental range of individual exclusive rights, thus opening a convincing future for digital copyright law, without restricting the rights and interests of legitimate users. --PROF. ADOLF DIETZ, Max Planck Institute for Intellectual Property (ret.), Munich, Germany How to respond to the copyright crisis? This book proposes access-based regulation for redesigning digital copyright, and it offers a fresh perspective on the controversies regarding the future of copyright. With impressive clarity, Zohar Efroni applies the lessons of information theory and a systematic analysis of digital technology to developments in copyright law. By incorporating the notions of information flows and digital access into copyright doctrine, Efroni presents inspiring insights into the nature of copyright in the digital environment. --NIVA ELKIN-KOREN, Dean of the University of Haifa Faculty of Law and the founding director of the Haifa Center for Law and Technology [T]his book is an important contribution to the theoretical debate about the proper role of copyright in the case of digital works and also provides opportunities for further research regarding specific aspects of the proposed model. Moreover, its clear and intriguing structure makes is highly interesting and also readable by a wide audience. It should be read by copyright practitioners and scholars alike who have an understanding of copyright law's recent developments and would like to gain further deep insight by looking into a complete and original proposal. --Queen Mary Journal of Intellectual Property, Vol. 1 No. 3 Reviewer: Vasiliki Samartzi, LLM (UCL), Attorney-at-law, PhD Candidate, Centre for Commercial Law Studies, Queen Mary University of London, UK Access-Right is an excellent, erudite, and sense-laden addition to the canon of copyright law works in circulation. Efroni's version of the ARM is an ambitious attempt to strip down copyright law and rebuild it in a style that is fit for purpose; one that meets the demands of this digital age. --Huw Alexander, SAGE Publishing With copyright in crisis, this courageous and ambitious work provides much-needed scholarly analysis and insight. Zohar Efroni develops a comprehensive, theoretically solid concept for copyright in the digital age, the access-right model (ARM). Based on a flexible assertion principle, ARM would be restricted to works expressed digitally. It would replace the often incomplete and accidental range of individual exclusive rights, thus opening a convincing future for digital copyright law, without restricting the rights and interests of legitimate users. --PROF. ADOLF DIETZ, Max Planck Institute for Intellectual Property (ret.), Munich, Germany How to respond to the copyright crisis? This book proposes access-based regulation for redesigning digital copyright, and it offers a fresh perspective on the controversies regarding the future of copyright. With impressive clarity, Zohar Efroni applies the lessons of information theory and a systematic analysis of digital technology to developments in copyright law. By incorporating the notions of information flows and digital access into copyright doctrine, Efroni presents inspiring insights into the nature of copyright in the digital environment. --NIVA ELKIN-KOREN, Dean of the University of Haifa Faculty of Law and the founding director of the Haifa Center for Law and Technology [T]his book is an important contribution to the theoretical debate about the proper role of copyright in the case of digital works and also provides opportunities for further research regarding specific aspects of the proposed model. Moreover, its clear and intriguing structure makes is highly interesting and also readable by a wide audience. It should be read by copyright practitioners and scholars alike who have an understanding of copyright law's recent developments and would like to gain further deep insight by looking into a complete and original proposal. --Queen Mary Journal of Intellectual Property, Vol. 1 No. 3 Reviewer: Vasiliki Samartzi, LLM (UCL), Attorney-at-law, PhD Candidate, Centre for Commercial Law Studies, Queen Mary University of London, UK Access-Right is an excellent, erudite, and sense-laden addition to the canon of copyright law works in circulation. Efroni's version of the ARM is an ambitious attempt to strip down copyright law and rebuild it in a style that is fit for purpose; one that meets the demands of this digital age. --Huw Alexander, SAGE Publishing


With copyright in crisis, this courageous and ambitious work provides much-needed scholarly analysis and insight. Zohar Efroni develops a comprehensive, theoretically solid concept for copyright in the digital age, the access-right model (ARM). Based on a flexible assertion principle, ARM would be restricted to works expressed digitally. It would replace the often incomplete and accidental range of individual exclusive rights, thus opening a convincing future for digital copyright law, without restricting the rights and interests of legitimate users. --PROF. ADOLF DIETZ, Max Planck Institute for Intellectual Property (ret.), Munich, Germany How to respond to the copyright crisis? This book proposes access-based regulation for redesigning digital copyright, and it offers a fresh perspective on the controversies regarding the future of copyright. With impressive clarity, Zohar Efroni applies the lessons of information theory and a systematic analysis of digital technology to developments in copyright law. By incorporating the notions of information flows and digital access into copyright doctrine, Efroni presents inspiring insights into the nature of copyright in the digital environment. --NIVA ELKIN-KOREN, Dean of the University of Haifa Faculty of Law and the founding director of the Haifa Center for Law and Technology [T]his book is an important contribution to the theoretical debate about the proper role of copyright in the case of digital works and also provides opportunities for further research regarding specific aspects of the proposed model. Moreover, its clear and intriguing structure makes is highly interesting and also readable by a wide audience. It should be read by copyright practitioners and scholars alike who have an understanding of copyright law's recent developments and would like to gain further deep insight by looking into a complete and original propos


<br> With copyright in crisis, this courageous and ambitious work provides much-needed <br>scholarly analysis and insight. Zohar Efroni develops a comprehensive, theoretically solid <br>concept for copyright in the digital age, the access-right model (ARM). Based on a flexible <br>assertion principle, ARM would be restricted to works expressed digitally. It would replace <br>the often incomplete and accidental range of individual exclusive rights, thus opening a <br>convincing future for digital copyright law, without restricting the rights and interests of <br>legitimate users. <br>--PROF. ADOLF DIETZ, Max Planck Institute for Intellectual Property (ret.), Munich, Germany <br><p><br> How to respond to the copyright crisis? This book proposes access-based regulation for <br>redesigning digital copyright, and it offers a fresh perspective on the controversies regarding the future of copyright. With impressive clarity, Zohar Efroni applies the lessons of information theory and a systema


<br> With copyright in crisis, this courageous and ambitious work provides much-needed <br>scholarly analysis and insight. Zohar Efroni develops a comprehensive, theoretically solid <br>concept for copyright in the digital age, the access-right model (ARM). Based on a flexible <br>assertion principle, ARM would be restricted to works expressed digitally. It would replace <br>the often incomplete and accidental range of individual exclusive rights, thus opening a <br>convincing future for digital copyright law, without restricting the rights and interests of <br>legitimate users. <br>--PROF. ADOLF DIETZ, Max Planck Institute for Intellectual Property (ret.), Munich, Germany <br><p><br> How to respond to the copyright crisis? This book proposes access-based regulation for <br>redesigning digital copyright, and it offers a fresh perspective on the controversies regarding the future of copyright. With impressive clarity, Zohar Efroni applies the lessons of information theory and a systematic analysis of digital technology to developments in copyright law. By incorporating the notions of information flows and digital access into copyright doctrine, Efroni presents inspiring insights into the nature of copyright in the digital environment. <br>--NIVA ELKIN-KOREN, Dean of the University of Haifa Faculty of Law and the founding <br>director of the Haifa Center for Law and Technology <br><p><br> [T]his book is an important contribution to the theoretical debate about the <br>proper role of copyright in the case of digital works and also provides opportunities <br>for further research regarding specific aspects of the proposed model. Moreover, its <br>clear and intriguing structure makes is highly interesting and also readable by a wide <br>audience. It should be read by copyright practitioners and scholars alike who have an <br>understanding of copyright law's recent developments and would like to gain further <br>deep insight by looking into a complete and original propos


Author Information

Zohar Efroni is a legal scholar and attorney specializing in intellectual property, Internet and media law. He has published extensively on the interaction between law and technology, especially in the context of property rights in intangible assets. Dr. Efroni has been a resident scholar and a scholarship holder at the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich, Germany. He is currently a nonresidential fellow at the Center for Internet and Society (Stanford Law School), where he contributes to the CIS website writing on current issues of law, technology and intellectual property. Dr. Efroni consults firms, individuals and agencies on matters of information policy, privacy and IP, both domestically and internationally. Dr. Efroni holds law degrees acquired in Israel (LL.B.) and in New York (LL.M. IP), as well as a legal Ph.D. with honors from the Ludwig Maximilians University in Munich (summa cum laude). He is admitted to practice law in Israel, New York and Germany.

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