Waelde and MacQueen (2004)
|Waelde and MacQueen (2004)|
|Title:||From entertainment to education: the scope of copyright?|
|Author(s):||Waelde C. and MacQueen H.|
|Citation:||Waelde C. and MacQueen H., From entertainment to education: the scope of copyright? (2004) Intellectual Property Quarterly|
|Link(s):||Definitive , Open Access|
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|About the Data|
|Data Description:||This study contains no data.|
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|Cross Country Study?:||No|
|Government or policy study?:||No|
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The paper considers the scope of copyright in the light of the so-called “digital (or Internet) revolution” of the last twenty years, and raises some issues about the present and future shape of the law which seem to require further investigation and reflection.
Main Results of the Study
Empirical research is essential to find out what is happening in the research, education, library and archival sectors in Europe with the implementation of the Infosoc Directive with particular focus on (1) the implementation of the optional copyright exceptions and limitations in the Member States of the EU, and the perceived impact of the choices made upon the education and research sectors; (2) the use and impact of digital and other technologically based protective devices with regard to the education and research sectors, including the contractual provisions deployed alongside the use of such devices; (3) the interaction between copyright exceptions and limitations, protective devices and associated contracts, and government regulation of the area. Only through such grounded empirical research will we be able to go beyond the rhetoric that has characterised so much of the discussion of legal development in this area, and begin to understand the true impact of the digital revolution on the research and education sectors and their attendant regulatory framework.
Policy Implications as Stated By Author
In order to be able to assess the impact of the introduction of the Info Soc Directive (2001) to Member States, empirical research is needed. Specifically there should be research done in order to analyse whether the treatment of copyright works is appropriate to all copyright works, and not just works in the arts and entertainment industries. In particular it is necessary to discover whether educational publishing and academic research are appropriately treated under the Info Soc Directive (2001).