Copyright law and the internet

Jooste, Cobus

Abstract

Along with the proliferation of internet-aided means of communication, the digitalisation of creative expressions and the demand for access to online content have emphasised the importance of copyright protection as a socio-economic driver. These factors challenge the traditional view of copyright law as a niche discipline. On the one hand, the rise in digital exploitation of authorial and entrepreneurial works requires that more people become familiar with the principles of copyright protection in order to effectively exploit their work in the digital economy. On the other hand, the internet facilitates new and near-effortless means of infringing the intellectual property rights of others that were not contemplated by or, in some cases not addressed by, traditional copyright law measures.

As a result, no area of copyright law is unaffected by the disruptive impact of the internet and the digitalisation of protectable expressions. For this reason, the interpretation of traditional copyright law principles has expanded to address certain new challenges while, at the same time, new principles and additional restrictions on the exploitation of work were drafted to address the changing role of copyright in the digital environment.

This means that, in order to understand and apply copyright law, one must be familiar with the operation of the internet and the increasing range of distribution channels it facilitates. It also means that, in some instances, copyright law may be found to be inappropriate to address the needs of content owners, publishers, other rights holders or the public and that a resolution to a potential dispute will require that reliance be placed on other areas of the law that operate in concert with copyright law. This is why the contents of this chapter must be read and understood within the wider context of this book as a whole and with reference to the principles espoused elsewhere.

In this chapter the fundamental principles of copyright law are summarised, followed by a closer examination of selected issues that are unique to the digital environment.

• Online Publication Date: Feb 1, 2022
• Publication Date: Feb 1, 2022
• Deposit Date: Apr 3, 2023
• Edition: 4
• Book Title: Cyberlaw@SA: The Law of the Internet in SA
• Chapter Number: 9
• ISBN: 9780627037955
• Keywords: copyright, internet, law, intellectual property law, data
• Public URL: https://uwe-repository.worktribe.com/output/10574878
• Publisher URL: https://www.vanschaiknet.com/book/view/525