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Charting the Landscape of Copyright User Remedies Charting the Landscape of Copyright User Remedies
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User Claims and Remedies in Copyright Law User Claims and Remedies in Copyright Law
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User Claims and Remedies Against Restricted Uses of Copyright Works Based on Breach of Contract, on Sale of Goods, or Consumer Law User Claims and Remedies Against Restricted Uses of Copyright Works Based on Breach of Contract, on Sale of Goods, or Consumer Law
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Restricted uses fall within the exclusive rights of copyright holders Restricted uses fall within the exclusive rights of copyright holders
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Restricted uses fall within the exclusive rights of copyright holders and are allowed by law under certain conditions Restricted uses fall within the exclusive rights of copyright holders and are allowed by law under certain conditions
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The exceptions to copyright infringement are mandatory (may not be waived by contract) The exceptions to copyright infringement are mandatory (may not be waived by contract)
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The exceptions to copyright infringement are non-mandatory (may be waived by contract) The exceptions to copyright infringement are non-mandatory (may be waived by contract)
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Restricted uses outside the realm of the exclusive rights of copyright holders Restricted uses outside the realm of the exclusive rights of copyright holders
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User Claims Against Restricted Uses of Copyright Works for Breach of Obligation of Good Faith or in Tort User Claims Against Restricted Uses of Copyright Works for Breach of Obligation of Good Faith or in Tort
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Goods and Services Goods and Services
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Filling the Void of Copyright User Remedies Filling the Void of Copyright User Remedies
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3 In Search of Copyright User Remedies
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Published:July 2016
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Abstract
The chapter looks at the nature of copyright user rights from the perspective of the remedies users may have against copyright holders when they are restricted in their uses of copyright works. Given the almost non-existent obligations of copyright holders to users under copyright statutes, on the basis of which users could assert claims, copyright users need to resort to other bodies of law. This chapter looks at how users may construct claims for restricted uses of copyright works on the basis of a breach of contract, sale of goods law, consumer law, or as a breach of the obligation of good faith, or in tort. It demonstrates the uncertainty and obstacles around how users may assert claims under those various bodies of law. This may explain in part the relatively few cases involving copyright user claims. This account of copyright user remedies reveals another weak strain of copyright user rights.
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