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New Forms of Governance for Digital Orphans: Copyright Litigation, Licenses and Legal Information

M. Burri and T. Cottier, eds, Trade Governance in the Digital Age, (Cambridge: Cambridge University Press, 2012), p. 344-64

21 Pages Posted: 28 Sep 2015  

Jeremy de Beer

University of Ottawa - Common Law Section

Date Written: 2012

Abstract

This chapter confronts how might we deal with some of the practical problems associated with large-scale digitisation projects, specifically with copyright issues, and even more specifically with the so-called orphan works. This chapter also contributes to the literature focused on the evolution of the global governance of Intellectual Property, and to this book about trade governance in the digital age, through a sort of case study that examines three different aspects of the governance of orphan-works issues that arise from large-scale digitisation projects such as Google Book Search: (1) class action litigation; (2) quasi-judicial licensing; and (3) rights management information practices. But first, it might help to have a few more details about Google Book Search and the issue of orphan works.

Keywords: Copyright Law, Intellectual Property Law, Canadian Copyright Board

JEL Classification: O34

Suggested Citation

de Beer, Jeremy, New Forms of Governance for Digital Orphans: Copyright Litigation, Licenses and Legal Information (2012). M. Burri and T. Cottier, eds, Trade Governance in the Digital Age, (Cambridge: Cambridge University Press, 2012), p. 344-64. Available at SSRN: https://ssrn.com/abstract=2659955

Jeremy De Beer (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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