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The Making Available Right
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The Making Available Right

Realizing the Potential of Copyright’s Dissemination Function in the Digital Age

9781788978170 Edward Elgar Publishing
Cheryl Foong, Lecturer, Curtin Law School, Australia
Publication Date: 2019 ISBN: 978 1 78897 817 0 Extent: 320 pp
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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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.

Cheryl Foong articulates a conceptual framework for understanding this right in a dynamic communications environment, critically examines the similarities and differences in its implementation across the United States, the European Union and Australia, and draws out underlying themes that serve as lessons for reform. The author builds an analytical framework for the making available right that addresses copyright’s underappreciated dissemination function – i.e. encouraging the dissemination of content to the public – in conjunction with its authorship function.

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.
Critical Acclaim
‘There is a great deal here to stimulate thought and discussion about the objectives of copyright law and the way in which law reform might proceed. I therefore strongly commend this book as important background reading to everyone working in copyright law and policy making.’
– Sam Ricketson, Intellectual Property Forum Journal

‘This book provides a clear and substantive roadmap to the future of the making available right in the digital age. Whilst deeply grounded in the theoretical, Foong presents a practical and reasoned solution to a clearly identified issue. This is an important body of research that can have real impact on the future of copyright.’
– Hayleigh Bosher, The IPKat

‘Cheryl Foong has gone in to bat for copyright dissemination and scored a century. She shows that the making available right, “the key right in the digital age”, can become an unfailing instrument of dissemination. How? Consult her interpretive matrix – and the rest of this dense but rewarding book.’
– Ben Atkinson, James Cook University, Australia
Contents
Contents: Acknowledgements PART I – Theoretical and Contextual Framework 1. Introduction: Establishing copyright principles for an access world 2. Copyright’s history, theory and context PART II – International, Regional and National Development 3. The Internet Treaties: Introducing the making available right 4. National and regional implementation: US, EU and Australia PART III – Underlying Problems and lessons for reform 5. Interpreting “the public”: A focus on copyright owners’ perspectives 6. Interpreting the “act”: Superficial analysis of a crucial element PART IV – Solutions and Future Pathways 7. Conceptual framework for the future 8. Conclusion: Towards principled and transparent decision-making Index

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