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Copyright and Mass Digitization$
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Maurizio Borghi and Stavroula Karapapa

Print publication date: 2013

Print ISBN-13: 9780199664559

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199664559.001.0001

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Turning Copyright on its Head?

Turning Copyright on its Head?

(p.1) 1 Turning Copyright on its Head?
Copyright and Mass Digitization

Maurizio Borghi

Stavroula Karapapa

Oxford University Press

The technological shift occurring with mass digitization impacts on established copyright norms and principles in a number of ways. It challenges the common perception of the concept of copyright use; the meaning and function of the work as the subject matter of protection; the grounds of entitlements to rights; and the scope of the exclusivity of such rights. It has been observed that, in many instances, mass digitization begs for a re-definition of copyright from a system of ex ante permission to one where rightholders have merely a right to ‘opt out’ from having their works used in certain ways. This is what has been described as ‘turning copyright law on its head’.

Keywords:   digital libraries, rights clearance, cultural heritage, digitization, opt out, Google Books, HathiTrust, Europeana

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