Fair is as fair does: contractual normative regulation of copyright user contracts in South Africa

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dc.contributor.authorNcube, Caroline
dc.contributor.editorGraeme B Dinwoodieen_ZA
dc.date.accessioned2016-01-29T13:24:34Z
dc.date.available2015-09-27
dc.date.available2016-01-29T13:24:34Z
dc.date.issued2015-03-27
dc.description.abstractThis chapter considers the regulation of copyright user contracts by contract and consumer protection law in South Africa. The normative regulation of copyright contracts was identified as a significant research gap by Kretschmer et al., who specifically list the following questions as being worthy of investigation1: •How should ‘fairness’ be defined for the context of copyright contracts? •Are existing contracts really ‘unfair’? •Do alternative contracts, within the current copyright law, exist that can be perceived as being ‘fairer’? If they do exist, do those contracts sacrifice efficiency? •To what extent does any perceived ‘unfairness’ depend upon copyright law? •Can copyright law be altered in order that the balance of bargaining positions be changed and the resulting contracts are ‘fair’? This chapter engages with some of these questions, which will be posed with regard to user contracts for the reprographic reproduction of copyright-protected works concluded between copyright-holders (represented by a reprographic rights organisation) and higher educational institutions. Here, the main concern is whether such blanket or transactional licenses override statutory exceptions and limitations. If so, is this fair? If it is not fair, how may copyright law be amended to ensure fairness?en_ZA
dc.identifier.apacitationNcube, C. (2015). <i>Fair is as fair does: Contractual normative regulation of copyright user contracts in South Africa</i>. Cheltenham: Edward Elgar. http://hdl.handle.net/11427/16611en_ZA
dc.identifier.chicagocitationNcube, Caroline. <i>Fair is as fair does: Contractual normative regulation of copyright user contracts in South Africa</i>. Cheltenham: Edward Elgar. 2015. http://hdl.handle.net/11427/16611.en_ZA
dc.identifier.citationNcube, C. B. (2015). Fair is as fair does: Contractual normative regulation of copyright user contracts in South Africa. In G. B. Dinwoodie (Ed.), Intellectual Property and General Legal Principles: Is IP a Lex Specialis? (pp. 49–68). Cheltenham, UK: Edward Elgar.en_ZA
dc.identifier.isbn9781784714949en_ZA
dc.identifier.ris TY - Book AU - Ncube, Caroline AB - This chapter considers the regulation of copyright user contracts by contract and consumer protection law in South Africa. The normative regulation of copyright contracts was identified as a significant research gap by Kretschmer et al., who specifically list the following questions as being worthy of investigation1: •How should ‘fairness’ be defined for the context of copyright contracts? •Are existing contracts really ‘unfair’? •Do alternative contracts, within the current copyright law, exist that can be perceived as being ‘fairer’? If they do exist, do those contracts sacrifice efficiency? •To what extent does any perceived ‘unfairness’ depend upon copyright law? •Can copyright law be altered in order that the balance of bargaining positions be changed and the resulting contracts are ‘fair’? This chapter engages with some of these questions, which will be posed with regard to user contracts for the reprographic reproduction of copyright-protected works concluded between copyright-holders (represented by a reprographic rights organisation) and higher educational institutions. Here, the main concern is whether such blanket or transactional licenses override statutory exceptions and limitations. If so, is this fair? If it is not fair, how may copyright law be amended to ensure fairness? CY - Cheltenham DA - 2015-03-27 DB - OpenUCT DP - University of Cape Town ED - Graeme B Dinwoodie LK - https://open.uct.ac.za PB - University of Cape Town PP - Cheltenham PY - 2015 SM - 9781784714949 T1 - Fair is as fair does: contractual normative regulation of copyright user contracts in South Africa TI - Fair is as fair does: contractual normative regulation of copyright user contracts in South Africa UR - http://hdl.handle.net/11427/16611 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/16611
dc.identifier.vancouvercitationNcube C. Fair is as fair does: Contractual normative regulation of copyright user contracts in South Africa. Cheltenham: Edward Elgar; 2015.http://hdl.handle.net/11427/16611en_ZA
dc.languageengen_ZA
dc.publisherEdward Elgaren_ZA
dc.publisher.departmentDepartment of Commercial Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.publisher.locationCheltenhamen_ZA
dc.titleFair is as fair does: contractual normative regulation of copyright user contracts in South Africaen_ZA
dc.typeBooken_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceBooken_ZA
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