Our SpecialKat Hayleigh Bosher is a Senior Lecturer in Intellectual Property Law at Brunel University London, a Visiting Research Fellow at the Centre for Intellectual Property, Policy and Management, and the founder of World IP Women. She is also the author of a recent publication, Law, Technology and Cognition.
Chapter 4 considers the judicial application of subsections (2) and (6) of Section 17 of the CDPA – infringing reproduction by storage and by transient or incidental copying. The chapter demonstrates the development of the definitions of storage and transient copying, which have come to mean access to and display of copyright materials. Then, the chapter presents both the external and internal approaches taken by judges to address the reproduction right online. The chapter concludes by noting the indistinction between judicial application of storage and transient copying, as recent case law has centered on “temporary storage within the random access memory (RAM).”
Atticus communicates his hunger to the public |
The fifth chapter centers on copyright infringement by way of communication to the public. The chapter begins by tracing the development of the right of communication to the public, beginning with Article 11(bis) of the Berne Convention, then Section 20 of the CDPA, and the eventual incorporation of Article 3 the Information Society Directive (InfoSoc) through the Copyright and Related Rights Regulations of 2003. The chapter concludes with the application of the external and internal perspectives framework to Section 20 of the CDPA.
Chapter 6 addresses copyright infringement by way of communication to the public in light of internet, analyzing case law and judicial interpretation of Section 20 of the CDPA both before and after the amendments of the Copyright and Related Rights Regulations of 2003. While the concept of communication via the internet is best understood through an internal perspective, statutory law has defined communication to the public in online copyright infringement through an external perspective. Through a comparative analysis of case law concerning Section 20 of the CDPA, this chapter presents the effects of the Copyright and Related Rights Regulations of 2003 amendments on UK case law; the author shows that judges demonstrate internal perspectives when online infringement is concerned, taking a purposive approach in their decisions.
This book will be of particular interest to academics, students, and policymakers across the UK.