The Evolution and Equilibrium of Copyright in the Digital Age

The digital age has prompted new questions about the role and function of copyright. Internationally, copyright has progressively increased its scope of protection over new technology and modes of distribution. Yet many copyright owners express dissatisfaction and consider that the system is not working for them. Many users of copyright material, and even some owners, consider that copyright gives too much protection and that copyright owners want too much. This book considers how copyright might evolve in the twenty-first century and how it might reach equilibrium between authors, owners, users and those who connect them.Evolution and equilibrium: an introduction Susy Frankel and Daniel Gervais; Part I. Central Players: Authors, Owners, Intermediaries and Users: 1. Exceptional authorship: the role of copyright exceptions in promoting creativity Jane C. Ginsburg; 2. After twenty years: revisiting copyright liability of online intermediaries Niva Elkin-Koren; 3. Overlapping rights: using trademark law to enforce 'copyright'? Irene Calboli; Part II. New Enforcement Regimes: 4. Beyond graduated response Rebecca Giblin; 5. The rise of criminal enforcement of intellectual property rights ... and its failure in the context of copyright infringement on the Internet Christophe Geiger; 6. Administrative enforcement of copyright law in China: a characteristic deserving praise or repealing? Luo Li; Part III. Old Legal Techniques and New Challenges: 7. Out of time? Copyright law and the Australasian judiciary in the digital age Susan Corbett; 8. Internet service provider liability for copyright infringement in Latin America Pablo Wegbrait; 9. New technologies and the scale of copyright infringement: should size matter to liability? Graeme Austin; 10. Facilitating access to information: understanding the role of technology in copyright law Brad Sherman and Leanne Wiseman; Part IV. The Collective Management Solution: 11. Is there potential for collective rights management at the global level? Perspectives of a new global constitutionalism in the creative sector Christoph Graber; 12. Collective management in the twenty-first century from a competition law perspective Yee Wah Chin; 13. Copyright on the Internet: consumer copying and collectives Glynn Lunney; 14. Coda: fair trade music: letting the light shine in Eddies Schwartz.