Reichman, Jerome H.; Dinwoodie, Graeme B.; Samuelson, Pamela --- "A reverse notice and takedown regime to enable public interest uses of technically protected copyrighted works" [2009] ELECD 336; in Strowel, Alain (ed), "Peer-to-Peer File Sharing and Secondary Liability in Copyright Law" (Edward Elgar Publishing, 2009)

Book Title: Peer-to-Peer File Sharing and Secondary Liability in Copyright Law

Editor(s): Strowel, Alain

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847205629

Section: Chapter 8

Section Title: A reverse notice and takedown regime to enable public interest uses of technically protected copyrighted works

Author(s): Reichman, Jerome H.; Dinwoodie, Graeme B.; Samuelson, Pamela

Number of pages: 76

Extract:

8. A reverse notice and takedown regime
to enable public interest uses of
technically protected copyrighted
works
Jerome H. Reichman, Graeme B. Dinwoodie
and Pamela Samuelson*
The WIPO Copyright Treaty (WCT), concluded in 1996, recognizes `the need
to maintain a balance between the rights of authors and the larger public inter-
est, particularly education, research and access to information' in updating
international copyright norms to respond to challenges arising from advances
in information and communications technologies, including global digital
networks.1 The WCT implements this balance by affirming that existing
exclusive rights, as well as exceptions to and limitations on those rights, can
and should be applied to copyrighted works in digital forms.2 Indeed, nations


* A prior version of this chapter appeared in (2007) Berkeley Technology Law
Journal, 22 (Summer), pp. 981­1060. This chapter is based in part on a paper entitled
`Digital Copyright: Third Party Liability and The Outer Limits of Protection,' which
Professor Reichman initially wrote and presented at a SOFTIC conference in Tokyo,
Japan, in November 2005. The authors wish to thank Thomas Kearney and Assad
Rajani for their valuable research assistance. Professor Reichman also gratefully
acknowledges the support of the National Human Genome Research Institute and the
Department of Energy (CEER Grant P50 HG003391, Duke University Center of
Excellence for ELSI Research).
1 WIPO Copyright Treaty, Preamble, 20 December 1996, WIPO Doc.
CRNR/DC/94, available at http://www.wipo.int/documents/en/diplconf/distrib/
pdf/94dc.pdf [hereinafter WCT].
2 Id., Arts. 6­ ...