NDLI: Should We Bury the Concept of Reproduction – Towards Principle-Based Assessment in Copyright Law?

Content Provider	Springer Nature Link
Author	Pihlajarinne, Taina
Copyright Year	2017
Abstract	Since of the very beginning of the modern copyright law era, the exclusive right of reproduction has been an integral part of copyright law. However, among the fundamental concepts of copyright, it is perhaps the least suitable for the digital environment due to its technical-functional nature. Flexible, principle-oriented regulation enabling context-sensitive outcomes and balancing of interests is needed in European copyright law. In this respect, often suggested solutions such as a fair use exception or the implied licence doctrine might not create enough adaptability; whereas, a better solution would be to reform the fundamental structures of copyright law. Even though achieving any radical changes to international conventions might not be realistic, this article attempts to find an alternative approach to the concept of reproduction. Structural rather than substantive elements as substitutes for reproduction could be derived from the context of modern trademark law. Such an approach would be consistent with the existing weak signals on convergence between the branches of industrial property law and copyright. As a structural adoption, a formulation stressing the legitimate interests behind the protection and consequences of utilisation of the protected object for these interests could be used in copyright law. One possibility would be a flexible instrument by which it would be evaluated whether the utilisation of copyrighted work affects, or is liable to affect, the legitimate interests of the right holder or alternatively if the utilisation follows honest practice in the particular sector of the creative industry.
Starting Page	953
Ending Page	976
Page Count	24
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	48
Issue Number	8
e-ISSN	21950237
Language	English
Publisher	Springer Berlin Heidelberg
Publisher Date	2017-11-13
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Copyright Reproduction Honest practice Implied licence Legitimate interests International IT and Media Law, Intellectual Property Law Fair use
Content Type	Text
Resource Type	Article
Subject	Political Science and International Relations Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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