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Towards a relational theory of copyright law

By Xiaoxiang Shi

Abstract

This research provides a systematic and theoretical analysis of the digital challenges to the established exclusive regime of the economic rights enjoyed by authors (and related rightholders) under the law of copyright. Accordingly, this research has developed a relational theory of authorship and a relational approach to copyright, contending that the regulatory emphasis of copyright law should focus on the facilitation of the dynamic relations between the culture, the creators, the future creators, the users and the public, rather than the allocation of resources in a static world. In this networked digital world, the creative works and contents have become increasingly vital for people to engage in creativity and cultural innovation, and for the evolution of the economy. Hence, it is argued that today copyright owners, as content holders, have certain obligations to make their works accessible and available to the public under fair conditions. This research sets forward a number of recommendations for the reform of the current copyright system

Topics: copyright law, author‘s right, exclusive rights, economic rights, Chinese copyright law, digital challenge, digital copyright, peer production, everyday creativity, evolutionary economics, knowledge growth, relational theory, the right of public dissemination, the right of adaptation, the right to remuneration, romantic authorship, relational authorship, pre-first contributor, first contributor, post-first contributor, compulsory licensing, voluntary licensing, blanket licensing, fair use, access to knowledge, recreation, creativity, innovation, benefit sharing, default licence, copyright registration, copyright renewal, and copyright formalities
Publisher: Queensland University of Technology
Year: 2010
OAI identifier: oai:eprints.qut.edu.au:41761

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