Volition and the 'New Public': A Convergence of US and EU Judicial Approaches to Communications to the Public
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Authors
Foong, Cheryl
Date
2020Type
Journal Article
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Foong, C. 2020. Volition and the 'New Public': A Convergence of US and EU Judicial Approaches to Communications to the Public. European Intellectual Property Review. 42 (4): pp. 230-238.
Source Title
European Intellectual Property Review
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Faculty
Faculty of Business and Law
School
Curtin Law School
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Abstract
US and EU judicial approaches to the right to communicate to the public in copyright are converging towards a common factor – the consideration of the defendant’s fault or mental state. This article highlights this under-appreciated commonality between the two jurisdictions and critically analyses the negative impact that this trend brings to the advancement of copyright’s core objectives.