The enforceability and legitimacy of copyright law on the internet have been the subjects of several scholarly works. However, there were few studies that outlined the regulatory models available for the online world with respect to copyright policy. The main thesis of this study is that copyright law can be effectively used and enforced in an electronic environment through co-regulation. The author examines the theoretical underpinnings of copyright and droit d'auteur and argues that a global copyright is now being created. Stemming from this first conclusion, he attempts to show how, worldwide, the means of traditional regulation as well as self-regulation present several shortcomings when confronted with the criteria of legitimacy and enforceability. Rather, it is argued that a third option ought to be considered, one that consists of an effective mix between private and public spheres. Co-regulation appears indeed to address the problems raised by the use of other regulatory models while deferring to copyright policy.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.101812 |
| Date | January 2006 |
| Creators | Benizri, Yohan-Avner. |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | French |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Faculty of Law.) |
| Rights | © Yohan-Avner Benizri, 2006 |
| Relation | alephsysno: 002599917, proquestno: AAIMR32877, Theses scanned by UMI/ProQuest. |
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