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Reconciling the Right to Learn with Copyright Protection in the Digital Age: Limitations of Contemporary Copyright Treaties

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  • Ugwu Uchenna Felicia

    (Department of Law, University of Ottawa, 57 Louis Pasteur, Ottawa, Ontario, Canada)

Abstract

This article examines whether the current exceptions to copyright granted in contemporary intellectual property agreements give effect to the user rights to learn. It looks into the nature of the user rights to learn and how it is affected by copyright, technological protection measures, and digital rights management. Critical analysis is made of the effectiveness of exceptions to copyrights in international law, for advancing the users’ right to learn in the digital age. The article proposes the right to learn as an independent user right and examines how it can be incorporated in the copyright regulations by maximizing the differentiation principle, so as to advance the overall development in society.

Suggested Citation

  • Ugwu Uchenna Felicia, 2019. "Reconciling the Right to Learn with Copyright Protection in the Digital Age: Limitations of Contemporary Copyright Treaties," The Law and Development Review, De Gruyter, vol. 12(1), pages 41-77, January.
    • Handle: RePEc:bpj:lawdev:v:12:y:2019:i:1:p:41-77:n:2
    DOI: 10.1515/ldr-2018-0007
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    References listed on IDEAS

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    1. Chen,Ge, 2017. "Copyright and International Negotiations," Cambridge Books, Cambridge University Press, number 9781107163454, August.
    2. Graeme B. Dinwoodie, 2004. "Private Ordering and the Creation of International Copyright Norms: The Role of Public Structuring," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 160(1), pages 161-180, March.
    3. Arun Sundararajan, 2004. "Managing Digital Piracy: Pricing and Protection," Information Systems Research, INFORMS, vol. 15(3), pages 287-308, September.
    4. Antonio Andrés, 2006. "The relationship between copyright software protection and piracy: Evidence from europe," European Journal of Law and Economics, Springer, vol. 21(1), pages 29-51, January.
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