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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?

Chapter:
(p.1) 1 Turning Copyright on its Head?
Source:
Copyright and Mass Digitization
Author(s):

Maurizio Borghi

Stavroula Karapapa

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199664559.003.0001

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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