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Table Of Contents

A. Background
B. Objectives and Scope
C. Overview of the iTunes Music Store
2. Song Catalog
3. Ease of Use
4. Digital Rights Management System
5. Extra Features
B. Effects of Contract versus Copyright Tension on iTunes
C. Copyright versus Contract in the United States
D. Copyright versus Contract in Europe
1. European Union
a. Copyright Regulation by the European Union
c. Contractual Modification of Copyright Entitlements in the European Union
d. Example: Copyright-Contract Interaction in Germany
2. Summary of Business Impact
E. Copyright versus Contract in Asian Countries
1. Japan
a. Copyright in Japan
b. Contract in Japan
c. Contractual Modification of Copyright Entitlements in Japan
d. Business Impact of Contract and Copyright on iTunes in Japan
c. Contractual Modification of Copyright Entitlements in China
d. Business Impact of Contract and Copyright on iTunes in China
F. Conclusion
Part II: Digital Rights Management
A. Introduction
B. How is DRM Protected by Law?
1. United States
2. European Union
a. Japan
b. China
3. Future Implementers
B. The Interaction Between iTunes DRM and the DMCA
1. Preventing Piracy
2. Reverse Engineering and Interoperability
C. Conclusion
Part III: Digital First Sale Doctrine
1. “Double Dutch Bus”
2. The Exclusive Right of Distribution and its Limitation: First Sale Doctrine
B. Potential Effects of the First Sale Doctrine
C. Digital First Sale Doctrine?
1. Digital Works
2. Digital Dissemination of Works
3. Further Limitations
D. International Perspective
1. WIPO Treaties
3. Asia-Pacific
E. Summary and Outlook
Part IV: Fair Use Doctrine
B. Brief Overview of Fair Use
C. How Fair Use might Affect iTunes, its Users, and Copyright Holders
D. Fair Use Laws in Several of the Premiere Global Marketplaces
2. Countries of the European Union
a. United Kingdom
b. Germany
c. France
3. Canada
4. Asia-Pacific
E. Conclusion
Part V: Findings and Tentative Assessment
A. Summary
1. Critical Interactions
2. Comparative Law Perspective
B. Tentative Assessment
1. Impacts on Consumers
2. Potential Impacts on Labels
3. Potential Impacts on Artists
C. Final Remarks
Appendix: International Jurisdiction – The European Example
B. Why jurisdiction matters
C. Brussels Jurisdiction Regulation: Overview and Areas of Uncertainty
1. Introduction
2. The Requirements of Art. 15.1 c) Brussels Jurisdiction Regulation
a. What constitutes a “contract”?
b. Who is a “consumer”?
c. Who pursues commercial and professional activities?
d. What does “pursue … in the Member State …” actually mean?
e. What does it mean to say “by any means, directs… to”?
D. Conclusion
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Published by Suvid

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Published by: Suvid on Mar 11, 2011
Copyright:Attribution Non-commercial


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