The copyright consumers' bargain defining the rights to commercial copies of copyright works

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dc.contributor.advisorD'Agostino, Giuseppina
dc.contributor.advisorVaver, David
dc.contributor.advisorHowells, Geraint
dc.creatorChapdelaine, Pascale
dc.date.accessioned2016-08-03T16:51:41Z
dc.date.available2016-08-03T16:51:41Z
dc.date.copyright2013-06
dc.degree.disciplineLaw
dc.degree.levelDoctoral
dc.degree.namePhD - Doctor of Philosophy
dc.description.abstractThis thesis aims at defining, both legally and normatively, the nature and scope of consumers' rights to commercial copies of copyright works as an essential means to preserve the coherence and legitimacy of copyright. It explores the interaction between: ( 1) technological developments, which empower consumers to experience copyright works in unprecedented ways, but also augment copyright holders' control over access to and use of their works; (2) the progressive expansion in scope of copyright holders' exclusive rights as conferred by copyright law; and (3) the contract terms and technological protection measures under which copyright works are made available to consumers. The nature and scope of consumers' rights to commercial copies of copyright works are defined by applying property law and theory, in particular, through an analysis of the concepts of ownership, property limitations and the numerus clausus principle. The nature and scope of consumers' rights to commercial copies of copyright works are also analyzed through the application of consumer protection law and theory. The thesis explores the use of consumer law concepts such as implied obligations of quality, fitness for purpose, title, quiet possession, information disclosure requirements and prohibitions of unfair practices to assert claims against restrictions on uses of commercial copies of copyright works. Commercial copies of copyright works emerge as a peculiar form of personal property, the rights in which are determined to a large extent by the exceptions to copyright infringement laid out in Canada's Copyright Act or similar statutes in other jurisdictions, and by the commercial transactions through which consumers access copyright works. Consumers' ownership rights to commercial copies of copyright works are progressively eroding. The thesis provides various recommendations to clarify and strengthen consumers' rights to commercial copies of copyright works on the basis of the prima facie normative force of ownership freedoms and the instrumental justifications of copyright to incent the creation and the dissemination of copyright works.
dc.identifier.urihttp://hdl.handle.net/10315/31699
dc.rightsAuthor owns copyright, except where explicitly noted. Please contact the author directly with licensing requests.
dc.subject.keywordsCopyright
dc.subject.keywordsCopyright works
dc.subject.keywordsCommercial copies
dc.subject.keywordsConsumers' rights
dc.subject.keywordsCopyright holders
dc.subject.keywordsCopyright Act
dc.subject.keywordsCanada
dc.titleThe copyright consumers' bargain defining the rights to commercial copies of copyright works
dc.typeElectronic Thesis or Dissertation

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