Copyright and Mass Digitization

Author: Maurizio Borghi; Stavroula Karapapa
Publisher: Oxford University Press
ISBN: 9780199664559
Published In: March 2013
Format: Hardback , 200 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The first work to propose new solutions for how to regulate the use of works through developing a regulatory framework for the lawful use of works in the mass digital age
Assesses comprehensively and systematically the collision of traditional copyright principles with the emergence of new technologies
Considers the important question of whether copyright law needs to be redefined
Considers the legitimacy of activities underlying mass digitization in the context of projects such as Google Books, the Internet Archive, and Europeana, looking at both European and US law

In an age where works are increasingly being used, not only as works in the traditional sense, but also as carriers of data from which information may be automatically extracted for various purposes, Borghi and Karapapa consider whether mass digitisation is consistent with existing copyright principles, and ultimately whether copyright protection needs to be redefined, and if so how?

The work considers the activities involved in the process of mass digitization identifying impediments to the increasing number of such projects such as the inapplicability of copyright exceptions, difficulties in rights clearance, and the issue of 'orphan' and out-of-print works.

It goes on to examine the concept of 'use' of works in light of mass digital technologies and how it impinges on copyright law and principles; for example considering whether scanning and using optical character recognition in mass digital projects qualify as transformative use, or whether text mining on digitial repositories should be a permitted activity. These issues are considered in the context of both European and US law. Consideration is also given to mass digitization in the wider context of 'law and technology', comparing mass digitization issues with those of genetic databases, online privacy and data protection.

Illustrating how mass digitization unveils a number of unsettled theoretical issues within copyright, the book proposes a new regulatory framework for the use of works in the context of emerging technologies, providing a new rights-based approach to dealing with copyright.

Readership: Academics working in the fields of copyright law, technology and communications. The work will also be of interest to practitioners, policy makers and legal officers of copyright industries internationally.

1: Turning Copyright on its Head?
2: Technological Transformative Uses
3: Automated Text Processing and Data Mining
4: Orphan Works
5: Digital Monopolies
6: Integrity
7: Works and Data: Towards a Unitary Regulatory Framework

Maurizio Borghi, Brunel University, and Stavroula Karapapa, Brunel University

Maurizio Borghi is senior lecturer in intellectual property law at Brunel University Law School and director of the Centre for Intellectual Property, internet and Media. Prior to joining Brunel in 2007, he has been a researcher in cultural legal studies and philosophy at Bocconi University of Milan, and a visiting scholar at the Center for the Study of Law and Society at the University of California, Berkeley. He is a member of the executive committee of ISHTIP, the International Society for the History and Theory of Intellectual Property.

Stavroula Karapapa is lecturer in intellectual property law at the Law School of Brunel University and practising Barrister at the Athens Bar, specialising in Intellectual Property and Internet law. Her research interests focus on the intersection of law and technology with particular emphasis on copyright.