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Jandhyala, Megha .

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Record Type:	Electronic resources : Monograph/item
Title/Author:	Copyright and Human Development: Towards a Capabilities Approach to Copyright Law./
Author:	Jandhyala, Megha .
Published:	Ann Arbor : ProQuest Dissertations & Theses, : 2020,
Description:	514 p.
Notes:	Source: Dissertations Abstracts International, Volume: 82-01, Section: A.
Contained By:	Dissertations Abstracts International82-01A.
Subject:	Law. -
Online resource:	https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=27543344
ISBN:	9798662388826

Copyright and Human Development: Towards a Capabilities Approach to Copyright Law.
Jandhyala, Megha .

Copyright and Human Development: Towards a Capabilities Approach to Copyright Law. - Ann Arbor : ProQuest Dissertations & Theses, 2020 - 514 p.

Source: Dissertations Abstracts International, Volume: 82-01, Section: A.

Thesis (S.J.D.)--University of Toronto (Canada), 2020.

This item must not be sold to any third party vendors.

This project has two core objectives. The first is to build a critique of the current Anglo-American approach to copyright law from a human development perspective. I argue that copyright law has the potential to promote human development and human capabilities. Notwithstanding this, I identify and discuss several key aspects of the current copyright regime that undermine rather than support human development goals and capabilities. The second objective of this thesis is to develop an argument for a more human development-centered approach to copyright law and explore what such an approach ought to look like. I posit that the goal of copyright law ought to be promoting human development and identify two fundamental ways in which the current approach to copyright law needs to be reformed in order to realize copyright's human development potential. First, the focus of copyright law must shift from promoting the creation and dissemination of works of authorship to promoting dialogue and cultural participation. Second, copyright law and policy should account for socio-economic inequalities and forms of marginalization at both the local and global levels. Based on these two principles, I explore a set of copyright reform proposals, such as permitting uncompensated transformative use of copyrighted works; the abolition of the derivative work right and the translation right; limiting the moral right to integrity; building safeguards into anti-circumvention regimes to protect copyright exceptions and limitations; instituting a more licensee-friendly compulsory licensing regime; and adopting a hybrid approach to fair use/fair dealing that combines the certainty of rules with the flexibility of standards.

ISBN: 9798662388826Subjects--Topical Terms:

600858
Law.
Subjects--Index Terms:

Capabilities approach

Copyright and Human Development: Towards a Capabilities Approach to Copyright Law.
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520 $a This project has two core objectives. The first is to build a critique of the current Anglo-American approach to copyright law from a human development perspective. I argue that copyright law has the potential to promote human development and human capabilities. Notwithstanding this, I identify and discuss several key aspects of the current copyright regime that undermine rather than support human development goals and capabilities. The second objective of this thesis is to develop an argument for a more human development-centered approach to copyright law and explore what such an approach ought to look like. I posit that the goal of copyright law ought to be promoting human development and identify two fundamental ways in which the current approach to copyright law needs to be reformed in order to realize copyright's human development potential. First, the focus of copyright law must shift from promoting the creation and dissemination of works of authorship to promoting dialogue and cultural participation. Second, copyright law and policy should account for socio-economic inequalities and forms of marginalization at both the local and global levels. Based on these two principles, I explore a set of copyright reform proposals, such as permitting uncompensated transformative use of copyrighted works; the abolition of the derivative work right and the translation right; limiting the moral right to integrity; building safeguards into anti-circumvention regimes to protect copyright exceptions and limitations; instituting a more licensee-friendly compulsory licensing regime; and adopting a hybrid approach to fair use/fair dealing that combines the certainty of rules with the flexibility of standards.
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