Copyright Law And the Information Society in Asia (Iic by Christopher Heath, Kung-Chung Liu

By Christopher Heath, Kung-Chung Liu

This quantity takes a glance on the six most vital present themes bobbing up from copyright legislation within the details society, and for every subject offers an in-depth creation that compares the techniques taken in Europe and the USA. every one subject is brought by means of knowledgeable, and the problems are then analyzed in separate kingdom stories representing 9 Asian jurisdictions: China, Taiwan, Hong Kong, Japan, Korea, Singapore, Malaysia, Thailand, and the Philippines. the themes tested are: the growth of copyright legislations and its social justification; web exchange, electronic works, and parallel imports; the collective workout of copyrights; the legislation on anti-circumvention and electronic rights administration; copyright contracts, public coverage, and antitrust; and contributory and vicarious legal responsibility for copyright infringement.

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76. 35 WCT, Art. 10 and 14. 36 Charles Clark, “The Answer to the Machine is in the Machine”, in The Future of Copyright in a Digital Environment (The Hague: Kluwer Law International, 1996, P. ) at 139–146. 37 WCT, Art. 11; WPPT, Art. 18. 38 Article 11 of the WCT provides: “Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law”.

50 argued that, notwithstanding the protection afforded by the anti-circumvention law, the copyright holder’s monopoly is still subject to antitrust law or the copyright misuse doctrine51. A recent report also noted that “there will be nothing to prevent competition law operating if [technological measures] are used in an anticompetitive way”52. 47 There are currently 6 global region codes that identify specific DVDs that are compatible with the players typically sold in that region. ) encoded DVD.

Html. -Chile Free Trade Agreement (hereinafter “Chile 10 Reto M. Hilty concluded FTAs have wholly integrated the DMCA-type anti-circumvention provisions. In particular, the DMCA-type anti-trafficking ban has also been incorporated into these FTAs45. III. Problems and Critiques At first glance, the recent overhaul of copyright law both at the international and national levels, as shown in the this Chapter, seems to be entirely reasonable since the law must become fully responsive to the right holders’ vulnerability to an exponentially increasing number of possible infringing acts.

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