Copyright User Rights and Remedies: An Access to Justice Perspective

Pascale Chapdelaine
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Pascale Chapdelaine: Faculty of Law University of Windsor, 401 Sunset Ave, Windsor, ON N9B 3P4, Canada

Laws, 2018, vol. 7, issue 3, 1-26

Abstract: In contemporary copyright law, there is an ongoing debate around the nature and scope of the rights users should have to copyright works, exacerbated by ongoing technological developments. Within that debate, this article queries the value of looking at the remedies users may have against copyright holders restricting their legitimate uses of works, as a means to further elucidate the nature and scope of user rights. While there is some value in looking at remedies to situate copyright user rights, an access to justice perspective to rights and remedies suggests that such approach may be too limiting with respect to the position of potential claimants in a legal system. On that basis, this paper identifies structural deficiencies of copyright user rights and proposes an analytical framework towards achieving greater “justice for users” both in the realm of public law and private law.

Keywords: copyright; user rights; remedies; access to justice; human rights; freedom of expression; access to knowledge; personal property; technological protection measures (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2018
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