Curtin University Homepage
  • Library
  • Help
    • Admin

    espace - Curtin’s institutional repository

    JavaScript is disabled for your browser. Some features of this site may not work without it.
    View Item 
    • espace Home
    • espace
    • Curtin Research Publications
    • View Item
    • espace Home
    • espace
    • Curtin Research Publications
    • View Item

    The Making Available Right: Problems with “the Public”

    Access Status
    Fulltext not available
    Authors
    Foong, Cheryl
    Date
    2018
    Type
    Book Chapter
    
    Metadata
    Show full item record
    Citation
    Foong, C. 2018. The Making Available Right: Problems with “the Public”. In Copyright, Property and the Social Contract The Reconceptualisation of Copyright, 265-285. Switzerland: Springer.
    Source Title
    Copyright, Property and the Social Contract The Reconceptualisation of Copyright
    ISBN
    3319956892
    School
    Curtin Law School
    URI
    http://hdl.handle.net/20.500.11937/71218
    Collection
    • Curtin Research Publications
    Abstract

    In recent years, we have seen developments in networked technologies such as cloud storage throw the spotlight on the exclusive right of the copyright owner to communicate copyright material to the public. Since its introduction through the WIPO Internet Treaties, the right to communicate to the public by “making available” has promised to take centre stage in the Internet era we now inhabit. However, it has not been until recent times that its scope and impact has come under close scrutiny. The purpose of this chapter is to review the elements and operation of the making available right, focusing in particular on the increasingly problematic notion of “the public”. It will analyse the pitfalls of a judicial trend, spanning several jurisdictions, that exhibits an expansive interpretation of the element. This trend is found in recent cases, and is further illuminated by an analysis of historical cases. This chapter posits that an approach to copyright that takes into account its communications function—to promote the dissemination of knowledge and culture—would bring a deeper level of understanding and balance to the issues at hand.

    Related items

    Showing items related by title, author, creator and subject.

    • Self-government in deeply divided societies - The kaleidoscope of efforts by the Afrikaans community to develop a comprehensive model for self-management
      de Villiers, Bertus (2018)
      The Afrikaans speaking community has particularly since 1994 been engaged in various activities to protect and promote the Afrikaans language. These activities remain to a large extent mainly uncoordinated and spontaneous. ...
    • The right to roam. From UK to WA?
      Hughes, Michael; Tye, M. (2010)
      This paper presents an international review of policy and management regarding public recreational access to land of varying tenure and how it relates to Western Australia. This is an increasingly important issue in ...
    • International health and nutrition - a human rights perspective
      Westaway, Jennifer (2008)
      The role of human rights in addressing public health issues within the framework of international health has largely been ignored by mainstream research. It is contended that this is a key problem and that human rights ...
    Advanced search

    Browse

    Communities & CollectionsIssue DateAuthorTitleSubjectDocument TypeThis CollectionIssue DateAuthorTitleSubjectDocument Type

    My Account

    Admin

    Statistics

    Most Popular ItemsStatistics by CountryMost Popular Authors

    Follow Curtin

    • 
    • 
    • 
    • 
    • 

    CRICOS Provider Code: 00301JABN: 99 143 842 569TEQSA: PRV12158

    Copyright | Disclaimer | Privacy statement | Accessibility

    Curtin would like to pay respect to the Aboriginal and Torres Strait Islander members of our community by acknowledging the traditional owners of the land on which the Perth campus is located, the Whadjuk people of the Nyungar Nation; and on our Kalgoorlie campus, the Wongutha people of the North-Eastern Goldfields.