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(Re)structuring Copyright

A Comprehensive Path to International Copyright Reform Daniel J. Gervais, Professor of Law, Vanderbilt University, US
In this bold and persuasive work Daniel Gervais, one of the world’s leading thinkers on the subject of intellectual property, argues that the international copyright system is in need of a root and branch rethink. As the Internet alters the world in which copyright operates beyond all recognition, a world increasingly defined by the might of online intermediaries and spawning a generation who are simultaneously authors, users and re-users of creative works, the structure of copyright in its current form is inadequate and unfit for purpose. This ambitious and far-reaching book sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform. It contributes a reasoned and novel voice to a debate that is all too often driven by ignorance and partisan self-interest.
Extent: 384 pp
Hardback Price: $155.00 Web: $139.50
Publication Date: 2017
ISBN: 978 1 78536 949 0
Availability: In Stock
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As the Internet continues to alter our online world, the structure of copyright in its current form becomes inadequate and unfit for purpose. In this bold and persuasive work, Daniel Gervais argues that the international copyright system is in need of a root and branch rethink. This ambitious and far-reaching book sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform.

This book’s main objectives are to identify structural and other deficiencies within the current system, and to outline a structured approach to copyright reform. Part I of the book is thus diagnostic in nature, Part II offers detailed and concrete pathways to improve the current system, whilst in the Epilogue, a clear path to revise the Berne Convention is proposed.

Contributing a reasoned and novel voice to a debate that is all too often driven by ignorance and partisan self-interest, this book will be required reading for all copyright scholars and practitioners with an interest in the future direction of the field.
‘If WIPO was instructive, then Gervais’ new book is positively illuminating. From its demure law-like binding and meticulously researched pages emerge existential and ontological questions of the highest order focused, in particular, upon Gervais’ concern for the stimulation, nurturing and protection of creation, talent and creativity by re-structuring copyright law to further those purposes against the complex legal background of what constitutes originality and fixation. With rhetorical flare and an infectious passion, Gervais sets out the history, and worries about the future of human progress with reference to the kinds of terra-à-terre issues we face in realms such as the MSF’s entanglement with big pharma, by setting out the rather slipshod approach that has lurched forward in response to efforts of creators who have sought to protect the products of their genius.’
– AmeriQuests

‘This is a very well-written book filled with excellently reasoned exposition and novel ideas. . . This book will be most useful to policy makers and national legislators who are involved in any effort to reform copyright, and are looking for ways to understand and approach the task of restructuring copyright, both internationally and domestically. As an academic text, it is a thought-provoking text with novel ideas and proposals that will be of interest to any copyright scholar researching international copyright treaties and rules, as well as to any copyright student looking for controversial areas of reform to form the basis of their studies and essays.’
– Queen Mary Journal of Intellectual Property

‘Addressed to both academics and policy makers alike, (Re)Structuring Copyright is surely going to raise a great deal of interest among those who are interested in the elucidation of copyright norms. A highly recommended read.'
– Journal of Intellectual Property Law and Practice
Contents: PART I IDENTIFYING STRUCTURAL ISSUES 1. Copyright in Common Law Jurisdictions 2. The International Emergence of Author’s Rights 3. The Three-Step Test 4. Protection Thresholds: Originality and Fixation 5. Vicarious and Participative Creativity 6. A Place for Authors 7. A Place for Users PART II PROPOSED STRUCTURAL REFORMS 8. The Quadrants of Authorship 9. Structuring the Right(s) 10. Structuring Exceptions and Limitations 11. Collective and Extended Licensing 12. Formalities 14. Copyright and Development Index