Digital copyright law: exploring the changing interface between copyright and regulation in the digital environment

Scharf, Nicholas Friedrich (2013) Digital copyright law: exploring the changing interface between copyright and regulation in the digital environment. Doctoral thesis, University of East Anglia.

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    This thesis seeks to address and clarify the changing interface between
    copyright law and other forms of regulation in the digital environment, in the
    context of recorded music. This is in order to explain the problems that
    rightsholders have had in tackling the issue of unauthorised copyright
    infringement facilitated by digital technologies. Copyright law is inextricably
    bound-up with technological developments, but the ‘convergence’ of content
    into a single digital form was perceived as problematic by rightsholders and
    was deemed to warrant increased regulation through law. However, the
    problem is that the reliance on copyright law in the digital environment
    ignores the other regulatory influences in operation. The use of copyright
    law in a ‘preventative’ sense also ignores the fact that other regulatory
    factors may positively encourage users to behave, and consume in ways that
    may not be directly governed by copyright. The issues digital technologies
    have posed for rightsholders in the music industry are not addressed, or
    even potentially addressable directly through law, because the regulatory
    picture is complex. The work of Lawrence Lessig, in relation to his regulatory
    ‘modalities’ can be applied in this context in order to identify and understand the other forms of regulation that exist in the digital environment, and which
    govern user behaviour and consumption. By combining his work with that of
    other scholars in the field, a bespoke ‘Lessigan’ framework is formulated to
    address and analyse those other regulatory factors in conjunction with
    actions undertaken by rightsholders to secure their copyrights in the digital
    age. The thesis will analyse the effect such reliance on copyright law may
    have on these regulatory influences, and the creative potential of the digital

    Item Type: Thesis (Doctoral)
    Faculty \ School: Faculty of Social Sciences > School of Law
    Depositing User: Brian Watkins
    Date Deposited: 22 Aug 2013 16:50
    Last Modified: 22 Aug 2013 17:05

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