The growth of new technologies in the digital age has rapidly expanded the availability of copyrighted works. Along with this expansion have come questions central to copyright jurisprudence as whether and how the creative works of authors may be accessed and disseminated. Two international treaties to which the United States is a party--the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (collectively, the WIPO Internet Treaties)--require member states to recognize the right of making available, which gives authors, producers, and performers the exclusive right to authorize the transmission of their works and sound recordings to the public through interactive platforms that enable members of the public to choose where and when to access them. This book provides a thorough assessment of the state of U.S. law recognizing and protecting copyright holders' exclusive right of making available and how both U.S. and foreign laws have interpreted and implemented the relevant provisions of the WIPO Internet Treaties.

A fresh, innovative, thought provoking look at the development of copyright law as it pertains to creativity and one that will give even the most experienced reader fresh insight into this tangled area of law. The author s language ability (German, English, French) and interdisciplinary background (law and music) combine to enable him to add significant analytical depth to the subject. A must read in a time when our creative industries are being called upon to help re-build our shattered economy. Charlotte Waelde, University of Exeter, UK Professor Rahmatian is perhaps uniquely placed to offer a complete rethinking of the nature and function of copyright. Working with original materials in original languages, he spans the continental and common law traditions in a breathtaking synthesis of the varied justifications and uses (or misuses) of the concept of creativity as property. Paul J. Heald, University of Georgia, US Copyright and Creativity discusses the making of property out of creative works through the legal mechanism of copyright. It shows the manner in which the law translates a great variety of expressions of the human mind into its normative system and transforms them into the property right of copyright or droit d auteur. This timely book examines the proprietary features of copyright, the inherent limitations of its powers, and its justification and relationship to the non-proprietary realm of the public domain. The final parts of the book deal with the propertisation/commodification of human authors themselves through their works as alienable objects of property, the well-known Romantic author critique as a sophisticated justification of that commodification, and at an international level, neo-feudal and neo-colonial developments as a result of this process. This detailed study will appeal to undergraduate and postgraduate students, legal sociologists, and specialists in copyright, property theory, or legal theory and political philosophy with particular interest in property theory. Practitioners within bodies involved in legal policy, organisations concerned with law reform, European institutions, and international organisations will also find much to interest them in this book.

'A gleefully sinister fable'--Lane Smith--Back cover.

A growing body of creative works by Arab authors and artists counters the intellectual and ideological underpinnings of violent extremism. Unfortunately, many of these works are not widely disseminated, marginalizing the influence of these alternative voices. This monograph examines the barriers to the broad dissemination of such works, with a focus on Arabic literature, and suggests ways to overcome these barriers.