Immaterial Copying in the Age of Access
Access models for dissemination of content are increasingly prevalent, yet Australian copyright law does not adequately distinguish background copying from public access to expression. The scope of the reproduction right must be reformulated, as the communication right (which includes ‘making availa...
| Main Author: | |
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| Format: | Journal Article |
| Published: |
Sweet and Maxwell
2022
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| Online Access: | https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4193599 http://hdl.handle.net/20.500.11937/91743 |
| _version_ | 1848765584239493120 |
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| author | Foong, Cheryl |
| author_facet | Foong, Cheryl |
| author_sort | Foong, Cheryl |
| building | Curtin Institutional Repository |
| collection | Online Access |
| description | Access models for dissemination of content are increasingly prevalent, yet Australian copyright law does not adequately distinguish background copying from public access to expression. The scope of the reproduction right must be reformulated, as the communication right (which includes ‘making available’) ought to take centre stage in this age of access. In particular, copying for non-expressive use and for non-disseminative purposes should be considered immaterial and beyond the scope of the reproduction right. This comparative article examines judicial and legislative approaches to the issue in various jurisdictions. It proposes a revised infringement analysis for the reproduction right and uses three paradigm scenarios, from text and data mining to examples drawn from US case law, to illustrate its application.
This is a pre-copyedited, author-produced version of an article accepted for publication in European Intellectual Property Review following peer review. The definitive published version Cheryl Foong, “Immaterial Copying in the Age of Access” (2022) 44 E.I.P.R. 513–533 is available online on Westlaw UK |
| first_indexed | 2025-11-14T11:37:34Z |
| format | Journal Article |
| id | curtin-20.500.11937-91743 |
| institution | Curtin University Malaysia |
| institution_category | Local University |
| last_indexed | 2025-11-14T11:37:34Z |
| publishDate | 2022 |
| publisher | Sweet and Maxwell |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | curtin-20.500.11937-917432023-06-06T02:49:26Z Immaterial Copying in the Age of Access Foong, Cheryl Access models for dissemination of content are increasingly prevalent, yet Australian copyright law does not adequately distinguish background copying from public access to expression. The scope of the reproduction right must be reformulated, as the communication right (which includes ‘making available’) ought to take centre stage in this age of access. In particular, copying for non-expressive use and for non-disseminative purposes should be considered immaterial and beyond the scope of the reproduction right. This comparative article examines judicial and legislative approaches to the issue in various jurisdictions. It proposes a revised infringement analysis for the reproduction right and uses three paradigm scenarios, from text and data mining to examples drawn from US case law, to illustrate its application. This is a pre-copyedited, author-produced version of an article accepted for publication in European Intellectual Property Review following peer review. The definitive published version Cheryl Foong, “Immaterial Copying in the Age of Access” (2022) 44 E.I.P.R. 513–533 is available online on Westlaw UK 2022 Journal Article http://hdl.handle.net/20.500.11937/91743 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4193599 Sweet and Maxwell unknown |
| spellingShingle | Foong, Cheryl Immaterial Copying in the Age of Access |
| title | Immaterial Copying in the Age of Access |
| title_full | Immaterial Copying in the Age of Access |
| title_fullStr | Immaterial Copying in the Age of Access |
| title_full_unstemmed | Immaterial Copying in the Age of Access |
| title_short | Immaterial Copying in the Age of Access |
| title_sort | immaterial copying in the age of access |
| url | https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4193599 http://hdl.handle.net/20.500.11937/91743 |