東華大學圖書館 |

Language: English

Help

回圖書館首頁

手機版館藏查詢

Back

Switch To: Labeled | MARC Mode | ISBD

Foulser McFarlane, Jane Helena Susan.

Linked to FindBook

Google Book

Amazon

博客來

Record Type:	Electronic resources : Monograph/item
Title/Author:	Copyright Damages Need to Have a Sufficient Punitive Element to Successfully Deter Infringement./
Author:	Foulser McFarlane, Jane Helena Susan.
Published:	Ann Arbor : ProQuest Dissertations & Theses, : 2023,
Description:	306 p.
Notes:	Source: Dissertations Abstracts International, Volume: 85-05, Section: A.
Contained By:	Dissertations Abstracts International85-05A.
Subject:	Case law. -
Online resource:	https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=30723185
ISBN:	9798380738309

Copyright Damages Need to Have a Sufficient Punitive Element to Successfully Deter Infringement.
Foulser McFarlane, Jane Helena Susan.

Copyright Damages Need to Have a Sufficient Punitive Element to Successfully Deter Infringement. - Ann Arbor : ProQuest Dissertations & Theses, 2023 - 306 p.

Source: Dissertations Abstracts International, Volume: 85-05, Section: A.

Thesis (Ph.D.)--University of Exeter (United Kingdom), 2023.

Enforcement issues have been very much to the fore in recent years, with increasing emphasis on the need to deter infringing conduct. This thesis will concentrate on the provisions relating to damages, as set out in section 97 of the Copyright, Designs and Patents Act 1988 (CDPA 1988) and will consider the research question, which is whether those provisions contain a sufficient punitive element to successfully deter copyright infringement. The thesis will initially set out the conceptual framework, which identifies the issues that arise with compensation only damages, then go on to consider the purpose and effect of punitive damages as a deterrent. It will also consider the concept of deterrence. The research explores the international framework that governs an award of copyright damages, to include the TRIPS Agreement and the Trade and Cooperation Agreement 2020, as well as any potential Free Trade Agreements (FTA's) that already apply, or which may apply to the UK following Brexit. The provisions of the Enforcement Directive 2004/48/EC will be explored in some detail. There will be an analysis of the existing domestic framework of compensatory damages in the UK, followed by consideration of the existing framework of punitive damages. By comparison, it will be exploring the availability and application of punitive damages in Australia and the United States and finally, it will address the human rights issues which arise from the chilling effect on free speech by the application of punitive damages in that context. The work has doctrinal legal research as well as comparative methods, which have focused upon the existing law and whether and to what extent, either the US or Australia can provide appropriate guidance for a reform of section 97 of the CDPA 1988. The conclusions will show that the UK should explicitly provide for the availability of punitive damages, as they are necessary to deter copyright infringement, but also that any punitive provisions could be clearly set out in the legislation, along with the clear guidance as to their application. The findings of this research may provide a normative basis for reform of the damages provisions for copyright infringement in the UK and will therefore constitute a contribution to knowledge.

ISBN: 9798380738309Subjects--Topical Terms:

3684068
Case law.

Copyright Damages Need to Have a Sufficient Punitive Element to Successfully Deter Infringement.
LDR:03429nmm a2200385 4500 001 2401325
005 20241022112136.5
006 m o d
007 cr#unu||||||||
008 251215s2023 ||||||||||||||||| ||eng d
020 $a 9798380738309
035 $a (MiAaPQ)AAI30723185
035 $a (MiAaPQ)Exeter10871133773
035 $a AAI30723185
035 $a 2401325
040 $a MiAaPQ $c MiAaPQ
100 1 $a Foulser McFarlane, Jane Helena Susan. $3 3771415
245 1 0 $a Copyright Damages Need to Have a Sufficient Punitive Element to Successfully Deter Infringement.
260 1 $a Ann Arbor : $b ProQuest Dissertations & Theses, $c 2023
300 $a 306 p.
500 $a Source: Dissertations Abstracts International, Volume: 85-05, Section: A.
500 $a Advisor: Beduschi, Ana.
502 $a Thesis (Ph.D.)--University of Exeter (United Kingdom), 2023.
520 $a Enforcement issues have been very much to the fore in recent years, with increasing emphasis on the need to deter infringing conduct. This thesis will concentrate on the provisions relating to damages, as set out in section 97 of the Copyright, Designs and Patents Act 1988 (CDPA 1988) and will consider the research question, which is whether those provisions contain a sufficient punitive element to successfully deter copyright infringement. The thesis will initially set out the conceptual framework, which identifies the issues that arise with compensation only damages, then go on to consider the purpose and effect of punitive damages as a deterrent. It will also consider the concept of deterrence. The research explores the international framework that governs an award of copyright damages, to include the TRIPS Agreement and the Trade and Cooperation Agreement 2020, as well as any potential Free Trade Agreements (FTA's) that already apply, or which may apply to the UK following Brexit. The provisions of the Enforcement Directive 2004/48/EC will be explored in some detail. There will be an analysis of the existing domestic framework of compensatory damages in the UK, followed by consideration of the existing framework of punitive damages. By comparison, it will be exploring the availability and application of punitive damages in Australia and the United States and finally, it will address the human rights issues which arise from the chilling effect on free speech by the application of punitive damages in that context. The work has doctrinal legal research as well as comparative methods, which have focused upon the existing law and whether and to what extent, either the US or Australia can provide appropriate guidance for a reform of section 97 of the CDPA 1988. The conclusions will show that the UK should explicitly provide for the availability of punitive damages, as they are necessary to deter copyright infringement, but also that any punitive provisions could be clearly set out in the legislation, along with the clear guidance as to their application. The findings of this research may provide a normative basis for reform of the damages provisions for copyright infringement in the UK and will therefore constitute a contribution to knowledge.
590 $a School code: 5016.
650 4 $a Case law. $3 3684068
650 4 $a Crime. $3 610156
650 4 $a Legal research. $3 824312
650 4 $a Punitive damages. $3 3771416
650 4 $a Piracy. $3 2002701
650 4 $a Internet access. $3 3410690
650 4 $a Intellectual property. $3 572975
650 4 $a Enforcement. $3 3564162
650 4 $a Prejudice. $3 616716
650 4 $a Criminal law. $3 562467
650 4 $a Fines & penalties. $3 3560680
650 4 $a Copyright. $3 601694
650 4 $a Legislation. $3 766385
650 4 $a Counterfeiting. $3 3702902
650 4 $a Provisions. $3 3682774
650 4 $a Human rights. $3 527798
650 4 $a Criminology. $3 533274
650 4 $a Web studies. $3 2122754
650 4 $a Law. $3 600858
650 4 $a Patent law. $3 3168356
650 4 $a Political science. $3 528916
690 $a 0513
690 $a 0627
690 $a 0646
690 $a 0398
690 $a 0562
690 $a 0615
710 2 $a University of Exeter (United Kingdom). $3 1273400
773 0 $t Dissertations Abstracts International $g 85-05A.
790 $a 5016
791 $a Ph.D.
792 $a 2023
793 $a English
856 4 0 $u https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=30723185