Scientia potentia est: Making threats of copyright infringement

Griffin, James and Nair, Abhilash (2013) Scientia potentia est: Making threats of copyright infringement. International Review of Law, Computers & Technology, 27 (3). pp. 280-300. ISSN 1360-0869

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Official URL: http://dx.doi.org/10.1080/13600869.2013.810042

Abstract

There has been much debate in the UK as to whether copyright law should have an unjustified threats provision similar to that found in UK patent, trade mark, and registered design law. Unjustified threats provisions for copyright law exist in other commonwealth jurisdictions, such as Australia and India. We argue that all of the existing unjustified threats provisions in the UK are too narrow in their scope. Threats more generally have played a significant role in the development of copyright law, and a provision aimed at ‘unjustified’ threats may paradoxically restrict discourse about the scope of copyrights. We therefore suggest that the best way to proceed is not just to introduce an unjustified threats provision but instead to make clearer what is, and is not, protected by copyright.

Item Type: Article
Uncontrolled Keywords: copyright, threats, power, reform, digital
Subjects: M100 Law by area
Department: Faculties > Business and Law > School of Law
Depositing User: Abhilash Nair
Date Deposited: 16 Dec 2013 16:00
Last Modified: 10 Aug 2015 10:57
URI: http://nrl.northumbria.ac.uk/id/eprint/14831

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