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Access-RightThe Future of Digital Copyright Law$
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Zohar Efroni

Print publication date: 2010

Print ISBN-13: 9780199734078

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199734078.001.0001

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Anticircumvention laws

Anticircumvention laws

(p.287) 6 Anticircumvention laws

Zohar Efroni

Oxford University Press

More than any other development associated with digital copyright lawmaking, the advent of anticircumvention laws has most significantly directed attention to the emerging convergence between access control and copyright exclusivity. More recent anticircumvention regulations under copyright have unapologetically introduced the term access to the language of copyright statutes. Among the most fiercely contested legislative responses to digital infringement threats, this novelty has been spawning deliberations on the transforming nature and scope of copyright protection as applied to TPM-protected works. This chapter explains the connection between this controversial annex to copyright law and the first access-right prong, as well as its central contribution to the transformation process copyright law has been undergoing. It argues that too rigorous anticircumvention prohibitions might conflict with both the letter and spirit of the Berne Convention, which connects to more fundamental questions concerning the interface between anticircumvention regulation and traditional copyrights in general. The chapter shows why both types of regulation cannot be reconciled to build a coherent and harmonious body of law.

Keywords:   anticircumvention laws, exclusive rights, access-right regime, copyright law

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