Volition and the 'New Public': A Convergence of US and EU Judicial Approaches to Communications to the Public
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 t...
| Main Author: | Foong, Cheryl |
|---|---|
| Format: | Journal Article |
| Published: |
Sweet and Maxwell
2020
|
| Subjects: | |
| Online Access: | https://ssrn.com/abstract=3516478 http://hdl.handle.net/20.500.11937/79045 |
Similar Items
Submission to Parliamentary Standing Committee on Public Works – Australian War Memorial Development Project, submission no. 62, June 2020.
by: Morris, Narrelle
Published: (2020)
by: Morris, Narrelle
Published: (2020)
Redrafting Process of the Income Tax Legislation in South Africa and India and Lessons from New Zealand, the United Kingdom and Australia
by: Jain, Saurabh
Published: (2021)
by: Jain, Saurabh
Published: (2021)
Reconceptualising Copyright Markets: Disseminative Competition as a Key Functional Dimension
by: Foong, Cheryl
Published: (2021)
by: Foong, Cheryl
Published: (2021)
Corrective Justice and Kantian Right as a Mechanism to Reconcile 'Substantially Clashing Interests’ in Cases of Negligently Inflicted Psychiatric Injury
by: Allcock, Martin
Published: (2015)
by: Allcock, Martin
Published: (2015)
A Corrective Justice Justification for Considering the Response of the Hypothetical Person of an ‘Ordinary Level of Susceptibility’ when Assessing Reasonable Foreseeability in Case Involving Negligently Inflicted Psychiatric Injury
by: Allcock, Martin
Published: (2019)
by: Allcock, Martin
Published: (2019)
Underpaid Foreign Workers in Australia: The impact of long hours shifts on occupational health and safety
by: Guthrie, Robert, et al.
Published: (2020)
by: Guthrie, Robert, et al.
Published: (2020)
Superannuation and Covid-19: What does early access mean for women?
by: Hodgson, Helen
Published: (2020)
by: Hodgson, Helen
Published: (2020)
Submission to Senate Select Committee: Family Law Court Review
by: Hodgson, Helen
Published: (2020)
by: Hodgson, Helen
Published: (2020)
Protecting Academic Freedom in Australian Higher Education Through the Imposition of Restrictions on Investigatory Suspension
by: Levine, Pnina, et al.
Published: (2021)
by: Levine, Pnina, et al.
Published: (2021)
In Defence of Weinrib’s and Beever’s Interpretive Theories of Negligence
by: Allcock, Martin
Published: (2017)
by: Allcock, Martin
Published: (2017)
Pure Psychiatric Injury Pursuant to the Civil Liability Legislation: An(other) Economic Perspective
by: Allcock, Martin
Published: (2015)
by: Allcock, Martin
Published: (2015)
How Serious are South Africa and India about Rewriting their Income Tax Legislation?
by: Jain, Saurabh
Published: (2021)
by: Jain, Saurabh
Published: (2021)
From Little Things Big Things Grow: Australia’s Evolving Site Blocking Regime
by: Foong, Cheryl, et al.
Published: (2020)
by: Foong, Cheryl, et al.
Published: (2020)
Constructing the Historical Legacy of the IMTFE: Reassessing Perceptions of President William Webb
by: Morris, Narrelle
Published: (2020)
by: Morris, Narrelle
Published: (2020)
Gender Lens on the Budget 2019-2020
by: Coleman, Marie, et al.
Published: (2019)
by: Coleman, Marie, et al.
Published: (2019)
The general principles of good governance in public administration in Malaysia: a judicial approach
by: Ismail, Ibrahim
Published: (2011)
by: Ismail, Ibrahim
Published: (2011)
International accounting standards: What is convergence and whether there is any likelihood of convergence between the EU and the US?
by: Khankishiyev, Vusal
Published: (2016)
by: Khankishiyev, Vusal
Published: (2016)
The right of communication to the public in the cloud: an EU perspective
by: Derclaye, Estelle
Published: (2012)
by: Derclaye, Estelle
Published: (2012)
Promoting and Protecting the Economic Outcomes of Older Partnered Women and Widows: Challenges for Australia’s Retirement Income System
by: Costa, Monica, et al.
Published: (2020)
by: Costa, Monica, et al.
Published: (2020)
The place of volition in addiction: Differing approaches and their implications for policy and service provision
by: Karasaki, M., et al.
Published: (2013)
by: Karasaki, M., et al.
Published: (2013)
Artificial Intelligence and the Right to Communicate to the Public in Copyright: Lessons from the United States
by: Foong, Cheryl
Published: (2022)
by: Foong, Cheryl
Published: (2022)
General principles of good governance in public administration: a judicial approach
by: Ismail, Ibrahim
Published: (2013)
by: Ismail, Ibrahim
Published: (2013)
Drivers of Economic Outcomes for Single Women without Children in Retirement
by: Hamilton, Myra, et al.
Published: (2022)
by: Hamilton, Myra, et al.
Published: (2022)
EU public procurement: an introduction
by: Arrowsmith, Sue, et al.
Published: (2011)
by: Arrowsmith, Sue, et al.
Published: (2011)
Judicial activism and judicial restraint in the constitutional adjudication institution of Malaysia
by: Mokhtar, Khairil Azmin
Published: (2019)
by: Mokhtar, Khairil Azmin
Published: (2019)
Judicial precedents : an expository study of civil judicial system and shari'ah court system
by: Ansari, Abdul Haseeb
Published: (2011)
by: Ansari, Abdul Haseeb
Published: (2011)
Public procurement award criteria in the EU member states:
a comparative study of the discretionary powers of contracting authorities
by: Bordalo Faustino, Paula
Published: (2017)
by: Bordalo Faustino, Paula
Published: (2017)
The Making Available Right: Problems with “the Public”
by: Foong, Cheryl
Published: (2018)
by: Foong, Cheryl
Published: (2018)
Judicial convergence and fragmentation in the case-law of regional human rights bodies and the UN Human Rights Committee
by: Abrusci, Elena
Published: (2019)
by: Abrusci, Elena
Published: (2019)
The practical impact of E.U. public procurement law on PFI procurement practice in the United Kingdom
by: Braun, Peter
Published: (2001)
by: Braun, Peter
Published: (2001)
Evolution of the Muslim judicial system
by: Kayadibi, Saim
Published: (2011)
by: Kayadibi, Saim
Published: (2011)
Judicial Appointments Commission: a comparison between the Judicial Appointments Commission in Malaysia and The Judicial Appointments Commission in United Kingdom / Ahmad Danial Mohd Azlan, Luqman Mazlan and Mohd Irzan Iswatt Mohd Noor
by: Mohd Azlan, Ahmad Danial, et al.
Published: (2011)
by: Mohd Azlan, Ahmad Danial, et al.
Published: (2011)
Judicial control over legislative body
by: Mokhtar, Khairil Azmin
Published: (2016)
by: Mokhtar, Khairil Azmin
Published: (2016)
The scope and limits of accounting and judicial courts intervention in inefficient public procurement
by: Estache, Antonio, et al.
Published: (2018)
by: Estache, Antonio, et al.
Published: (2018)
Judicial review of the executive discretionary powers: judicial activism Vis-A-Vis judicial selfrestraint of maintaining a dividing line between supervisory and appellate jurisdiction / Noor ‘Ashikin Hamid and Rusniah Ahmad
by: Hamid, Noor ‘Ashikin, et al.
Published: (2010)
by: Hamid, Noor ‘Ashikin, et al.
Published: (2010)
Combining motivational and volitional approaches to reducing excessive alcohol consumption in pre-drinkers: A theory-based intervention protocol
by: Caudwell, Kim, et al.
Published: (2016)
by: Caudwell, Kim, et al.
Published: (2016)
Influences of volitional and forced intentions on physical activity and effort within the theory of planned behaviour
by: Chatzisarantis, N., et al.
Published: (2007)
by: Chatzisarantis, N., et al.
Published: (2007)
Open content licensing of public sector information and the risk of tortious liability for Australian Governments
by: Foong, Cheryl
Published: (2015)
by: Foong, Cheryl
Published: (2015)
A judicial review of political questions under Islamic law
by: O. Sambo, Abdulfatai, et al.
Published: (2014)
by: O. Sambo, Abdulfatai, et al.
Published: (2014)
Establishment of judicial review and elements of its emergence in Egypt
by: al-Omran, Nayel Musa Shaker, et al.
Published: (2012)
by: al-Omran, Nayel Musa Shaker, et al.
Published: (2012)
Similar Items
-
Submission to Parliamentary Standing Committee on Public Works – Australian War Memorial Development Project, submission no. 62, June 2020.
by: Morris, Narrelle
Published: (2020) -
Redrafting Process of the Income Tax Legislation in South Africa and India and Lessons from New Zealand, the United Kingdom and Australia
by: Jain, Saurabh
Published: (2021) -
Reconceptualising Copyright Markets: Disseminative Competition as a Key Functional Dimension
by: Foong, Cheryl
Published: (2021) -
Corrective Justice and Kantian Right as a Mechanism to Reconcile 'Substantially Clashing Interests’ in Cases of Negligently Inflicted Psychiatric Injury
by: Allcock, Martin
Published: (2015) -
A Corrective Justice Justification for Considering the Response of the Hypothetical Person of an ‘Ordinary Level of Susceptibility’ when Assessing Reasonable Foreseeability in Case Involving Negligently Inflicted Psychiatric Injury
by: Allcock, Martin
Published: (2019)