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Makeen, Makeen (2020) 'Video Streaming and the Communication to the Public Right in the United States and European Union.' In: Aplin, Tanya, (ed.), Research Handbook on Intellectual Property and Digital Technologies. London: Edward Elgar, pp. 246-276. (Research Handbooks in Intellectual Property)

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Abstract

This chapter examines the application of copyright law to video streaming in the US and the EU. Since the Berne Convention and the WIPO Copyright Treaty established international norms that national laws need to follow, the relevant provisions of these two international instruments are used as the archetype; US and EU laws’ compatibility with them is examined here. This chapter demonstrates that through the communication to the public right, or its equivalent, copyright law adequately protects authors against the three existing types of video streaming: webcasting, on-demand streaming and internet retransmission of broadcasts. It argues that in the context of video streaming, the exclusive nature of the communication to the public right must be preserved. Therefore, this chapter maintains that any national law that recognises a compulsory licence mechanism to cover this new technology, or adopts the service zone theory to exempt certain types of video streaming from copyright liability, may run the risk of being in breach of its international obligations.

Item Type: Book Chapters
SOAS Departments & Centres: Departments and Subunits > School of Law
ISBN: 9781785368332
Copyright Statement: © The Editor and Contributors Severally 2020. This is a draft chapter. The final version is available in Research Handbook on Intellectual Property and Digital Technologies edited by Tanya Aplin, published in 2020, Edward Elgar Publishing Ltd http://dx.doi.org/10.4337/9781785368349.00019 The material cannot be used for any other purpose without further permission of the publisher, and is for private use only.
DOI (Digital Object Identifier): https://doi.org/10.4337/9781785368349.00019
Date Deposited: 18 Feb 2020 10:46
URI: https://eprints.soas.ac.uk/id/eprint/26096

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