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Dimita, Gaetano --- "The WIPO right of making available" [2017] ELECD 1295; in Torremans, Paul (ed), "Research Handbook on Copyright Law" (Edward Elgar Publishing, 2017) 135

Book Title: Research Handbook on Copyright Law

Editor(s): Torremans, Paul

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785361425

Section: Chapter 6

Section Title: The WIPO right of making available

Author(s): Dimita, Gaetano

Number of pages: 43

Abstract/Description:

This chapter focuses on the implementation of Article 8 of the WCT and the relevant case law. It will be shown how the umbrella solution of the WIPO Treaties caused a different set of legal and interpretation issues, depending on the approach chosen for implementing them. In the European Union where Article 8 was implemented verbatim, the disputes concerned the definition of ‘communication’ and ‘public’. In the United States, where the legislator opted not to amend the Copyright Act, the disputes concerned the scope of the existing rights under Section 106 in light of the WIPO Treaties obligations. Keywords: making available, communication to the public, copyright, WIPO treaties, United States, European Union