Skip Navigation

International Journal of Law and Information Technology 2004 12(3):282-332; doi:10.1093/ijlit/12.3.282
© 2004 by Oxford University Press
This Article
Right arrow Full Text (PDF)
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Alert me to new issues of the journal
Right arrow Add to My Personal Archive
Right arrow Download to citation manager
Right arrowRequest Permissions
Google Scholar
Right arrow Articles by Ganley, P.
Right arrow Search for Related Content
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

Digital Copyright and the New Creative Dynamics

Paul Ganley

Baker & McKenzie, 100 New Bridge Street, London EC4V 6JA. The author is a trainee solicitor at Baker & McKenzie in London. The views expressed in this article are the author's own and do not necessarily reflect the views of Baker & McKenzie or its clients. All errors and omissions remain the sole responsibility of the author, who can be contacted at paul.ganley{at}bakernet.com

The Internet has ruffled the feathers of copyright law. In response, policy makers and rightsholders have sought to expand the legislative boundaries of copyright and embed technical and contractual constraints into works themselves. These measures — collectively termed Digital Rights Management — are not only viewed as necessary to stem the tide of ‘piracy’, but as desirable to achieve the efficient allocation of copyright works in the market place. Economic theory is used to support these advances as the natural progression for copyright law in the 21st century. This essay takes issue with this economic rationale, and suggests that private market based mechanisms are likely to systematically exclude certain values that copyright law has traditionally undertaken to protect. Furthermore, it is suggested that whilst rightholders are naturally wary of digital technology, it provides precious opportunities for those at the ends of the copyright chain: creators and users. Finally, the status of copyright exceptions under the European Copyright Directive, in particular those which implicate informational, private, and transformative uses, are assessed in light of the earlier arguments.


Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?


This article has been cited by other articles:


Home page
 J ECON GEOGRHome page
A. Currah
Hollywood versus the Internet: the media and entertainment industries in a digital and networked economy
J. Econ. Geogr., August 1, 2006; 6(4): 439 - 468.
[Abstract] [Full Text] [PDF]

Home page
 Theory Culture SocietyHome page
A. Barron
Copyright
Theory Culture Society, May 1, 2006; 23(2-3): 278 - 282.
[PDF]


Disclaimer: Please note that abstracts for content published before 1996 were created through digital scanning and may therefore not exactly replicate the text of the original print issues. All efforts have been made to ensure accuracy, but the Publisher will not be held responsible for any remaining inaccuracies. If you require any further clarification, please contact our Customer Services Department.