Copyright Reform in the 21st Century: Adding Privacy Considerations into the Normative Mix

Making Copyright Work for the Asian Pacific: Juxtaposing Harmonisation with Flexibility (ANU Press 2018)

37 Pages Posted: 26 Nov 2018

See all articles by Doris Estelle Long

Doris Estelle Long

John Marshall Law School; Doris Long Consulting

Date Written: July 30, 2018

Abstract

The new technology of the ‘Digital Age’ has led to the creation of potentially new copyrightable forms of works and new methods of distribution that do not automatically fit within existing paradigms based on a hard-goods world. As a result, copyright reform efforts are underway in jurisdictions as diverse as Australia, China, New Zealand, Singapore, South Korea, the European Union (EU), Hong Kong, Japan, Canada and the United States. To avoid the mistakes of the past, and create reforms whose effectiveness survives more than a few years, we must consider a broader array of normative inputs, including, critically the inter-relationship between copyright and personal and data privacy. In the 21st Century such privacy concerns are no longer adjuncts to issues of copyright protection but instead increasingly impact the scope and effectiveness of such protection. Using examples from the United States, Canada, the European Union and the Asia Pacific, I explore the impact of privacy considerations on such diverse issues as the author/subject dichotomy, fair use/fair dealing, digital enforcement mechanisms, including notice and takedown regimes, anticircumvention protections, database and other data collections, and distributional relief, including injunctions and suggest the shape that such reforms might take. Adding privacy concerns to copyright reformation considerations will not simplify the process. But the resulting normative framework could provide a copyright regime that not only provides a balance more in concert with the social justice and access to information/culture concerns but also remains viable regardless of what the next technological revolution may bring.

Keywords: Copyright, Privacy, Fair Use/Fair Dealing, Comparative Copyright, Copyright Reform, Digital Reform, Internet Law, Access to Information, Data Privacy, International Law Reform Processes, Digital Enforcement, Notice and Takedown, Sexting, Drones and Surveillance, DMCA, TPMs

JEL Classification: K00, K29, K33, K 34, K38, K42

Suggested Citation

Long, Doris Estelle, Copyright Reform in the 21st Century: Adding Privacy Considerations into the Normative Mix (July 30, 2018). Making Copyright Work for the Asian Pacific: Juxtaposing Harmonisation with Flexibility (ANU Press 2018). Available at SSRN: https://ssrn.com/abstract=3275081

Doris Estelle Long (Contact Author)

John Marshall Law School ( email )

315 South Plymouth Court
Chicago, IL 60604
United States
312 360 2651 (Phone)

HOME PAGE: http://works.bepress.com/doris_long/

Doris Long Consulting ( email )

733 Chicago Avenue
Evanston, IL 60202
United States

HOME PAGE: http://www.dorislongconsulting.com

Register to save articles to
your library

Register

Paper statistics

Downloads
26
Abstract Views
127
PlumX Metrics