Copyright and Human Rights: The Quest for a Fair Balance
Human Rights and copyright are two distinct and contrary arenas of law, which intersect each other at various points. Copyright is regarded as a means of incentivizing the creation of new works and as a source of dissemination of work. While, on the other
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pyright Law in the Digital World Challenges and Opportunities
Copyright Law in the Digital World
Manoj Kumar Sinha Vandana Mahalwar •
Editors
Copyright Law in the Digital World Challenges and Opportunities
123
Editors Manoj Kumar Sinha The Indian Law Institute New Delhi India
ISBN 978-981-10-3983-6 DOI 10.1007/978-981-10-3984-3
Vandana Mahalwar The Indian Law Institute New Delhi India
ISBN 978-981-10-3984-3
(eBook)
Library of Congress Control Number: 2017931569 © Springer Nature Singapore Pte Ltd. 2017 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721, Singapore
Preface
The intriguing relationship between freedom of expression and copyright law has deepened in the 21st century. Freedom of expression and copyright are seen as two harmonizing concepts, but there exists two opposing views also against this backdrop. Some characterise copyright as “engine of free expression”. Copyright incentivises the creations and promotes the freedom of expression. The obverse of this reasons the copyright law to operate as a fetter on what others do express and hence, results in a tension between copyright law and freedom of expression. The potential coexistence and conflict between the freedom of expression and copyright law has brought into being much of academic reviews and interpretations. Copyright law, more because of advent of the internet; open-source software initiatives; peer-to-peer exchanges and changes to copyright rules, is under the scholarly debates. The debates about copyright law unfold the questions relating to substantive law, right to education, freedom of expression and the concept of ownership. These debates questio
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