Copyright User Rights and Remedies: An Access to Justice Perspective
In contemporary copyright law, there is an ongoing debate around the nature and scope of the rights users should have to copyright works, exacerbated by ongoing technological developments. Within that debate, this article queries the value of looking at the remedies users may have against copyright...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
MDPI AG
2018-06-01
|
| Series: | Laws |
| Subjects: | |
| Online Access: | http://www.mdpi.com/2075-471X/7/3/24 |
| _version_ | 1798002545231134720 |
|---|---|
| author | Pascale Chapdelaine |
| author_facet | Pascale Chapdelaine |
| author_sort | Pascale Chapdelaine |
| collection | DOAJ |
| description | In contemporary copyright law, there is an ongoing debate around the nature and scope of the rights users should have to copyright works, exacerbated by ongoing technological developments. Within that debate, this article queries the value of looking at the remedies users may have against copyright holders restricting their legitimate uses of works, as a means to further elucidate the nature and scope of user rights. While there is some value in looking at remedies to situate copyright user rights, an access to justice perspective to rights and remedies suggests that such approach may be too limiting with respect to the position of potential claimants in a legal system. On that basis, this paper identifies structural deficiencies of copyright user rights and proposes an analytical framework towards achieving greater “justice for users” both in the realm of public law and private law. |
| first_indexed | 2024-04-11T11:54:57Z |
| format | Article |
| id | doaj.art-1bc5fe9f455f4dd2bf0dd2cd04b95a8f |
| institution | Directory Open Access Journal |
| issn | 2075-471X |
| language | English |
| last_indexed | 2024-04-11T11:54:57Z |
| publishDate | 2018-06-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Laws |
| spelling | doaj.art-1bc5fe9f455f4dd2bf0dd2cd04b95a8f2022-12-22T04:25:12ZengMDPI AGLaws2075-471X2018-06-01732410.3390/laws7030024laws7030024Copyright User Rights and Remedies: An Access to Justice PerspectivePascale Chapdelaine0Faculty of Law University of Windsor, 401 Sunset Ave, Windsor, ON N9B 3P4, CanadaIn contemporary copyright law, there is an ongoing debate around the nature and scope of the rights users should have to copyright works, exacerbated by ongoing technological developments. Within that debate, this article queries the value of looking at the remedies users may have against copyright holders restricting their legitimate uses of works, as a means to further elucidate the nature and scope of user rights. While there is some value in looking at remedies to situate copyright user rights, an access to justice perspective to rights and remedies suggests that such approach may be too limiting with respect to the position of potential claimants in a legal system. On that basis, this paper identifies structural deficiencies of copyright user rights and proposes an analytical framework towards achieving greater “justice for users” both in the realm of public law and private law.http://www.mdpi.com/2075-471X/7/3/24copyrightuser rightsremediesaccess to justicehuman rightsfreedom of expressionaccess to knowledgepersonal propertytechnological protection measures |
| spellingShingle | Pascale Chapdelaine Copyright User Rights and Remedies: An Access to Justice Perspective Laws copyright user rights remedies access to justice human rights freedom of expression access to knowledge personal property technological protection measures |
| title | Copyright User Rights and Remedies: An Access to Justice Perspective |
| title_full | Copyright User Rights and Remedies: An Access to Justice Perspective |
| title_fullStr | Copyright User Rights and Remedies: An Access to Justice Perspective |
| title_full_unstemmed | Copyright User Rights and Remedies: An Access to Justice Perspective |
| title_short | Copyright User Rights and Remedies: An Access to Justice Perspective |
| title_sort | copyright user rights and remedies an access to justice perspective |
| topic | copyright user rights remedies access to justice human rights freedom of expression access to knowledge personal property technological protection measures |
| url | http://www.mdpi.com/2075-471X/7/3/24 |
| work_keys_str_mv | AT pascalechapdelaine copyrightuserrightsandremediesanaccesstojusticeperspective |