Copyright law protecting digital literary works : a comparative analysis of publishing and dissemination through technological media

Abstract

This study highlights the impact of advanced technological media on literary works and copyright holders in the digital world. The protection of IPR holders and enforcement of measures to safeguard their rights has been given due importance in Europe by the enactment of Directive 2001/29/EC and Directive 2004/48/EC in order to harmonise MS legal systems and safeguard the interests of all parties involved. Chapter one postulates a revised definition of literary works, after having briefly considered the history of their emergence and subsequent evolution, delving into the different forms of media used to publish these works, notably the changes brought about by digital technology. Chapter two considers the author’s legal position and all rights attributed within the digital cultural context and examines the evolving perception of authorship resulting from the changing nature of the author’s persona. Chapter three examines digital publication which offers new trends of authorship and readership including new types of literary work as opposed to the analogue form, highlighting the advisability of revising the copyright model to establish parity between digital libraries and hypertext publishing environments and the printing industry. Chapter four contemplates the effectiveness and applicability of existing legal enforcement and protective mechanisms regarding digital literary works, considering whether these measures support or distort technological developments and creative innovation. It also examines whether the balance between freely accessible information and restricted information can be attained by legislative measures or otherwise. Chapter five examines intermediaries’ role on the Internet and their liability for copyright infringement by third party users; protective measures against infringement of copyright by third party users will be reviewed. An overview of the salient arguments and recommendations for the implementation of future protective measures conclude the study.