Copyright in the digital era raises the issue of whether our courts should adjudicate disputes case by case or simply update the law to allow for a more neutral application. The following essay aims to discuss whether technology neutrality is an ideal goal for copyright law.
Copyright law works by granting a range of exclusive rights in relation to the copyright work to the copyright owner, and then qualifying those rights by granting certain exceptions to them. In doing this, copyright law purports to strike a balance between the owners of copyright material and those who wish to use that material. In recognising the interests of those who wish to use copyright material, copyright law is arguably also recognising a public interest in free access to and circulation of information .
The principal position, from which copyright law stems historically, is about allowing the creators of intellectual property to derive wealth from it.
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