Cases of Note -- Copyright v. Implied Contract

Supply of Software: Copyright and Contract Issues

When copyright law developed producing infringing copies was a matter which was made very difficult as a result of the expense and expertise required. Advances in modern technology such as the photocopier, the cassette tape recorder, CD writers and DVD recording machines have made copying a cheap and fast process. Computer technology has produced a new environment which not only facilitates the...

A Web Ontology for Copyright Contract Management

Digitisation and the Internet carry new opportunities and threats to content markets, but traditional Digital Rights Management does not suffice to face them. The main problems are the lack of interoperability, the ignorance of user rights and implementation costs. Our proposal is to take copyright into account as a way to establish a common interoperability ground and means to incorporate user...

Implied Contract and the Law of Literary Property

4400 Implied Terms and Interpretation in Contract Law

This chapter examines the economic arguments for textualism and contextualism, the two primary methodologies used by courts to determine the intentions of contracting parties with respect to their performance obligations. Textualism, which is rooted in the idea of complete contracting, calls for a more restrictive approach to implied terms and interpretation than contextualism, which is rooted ...

The interface between copyright and contract: Suggestions for the future

In the UK, copyright law provides a property right to authors for works that meet certain criteria. Contracts can be used to help a right holder exploit that property right. Copyright has been alleged to provide a balance between the interests of right holders and other stake holders. Whilst there is much debate as to what that balance is, there is evidence that the use of contracts could nonet...