Internet, Right of Communication to the Public and Implied Licence, Dr. Poorna Mysoor
Dr. Poorna Mysoor’s presentation, Internet, Right of Communication to the Public and Implied Licence, will build on her upcoming monograph on implied licences in copyright law, which will be published by Oxford University Press in 2020.
Internet has become an inseparable part of modern life. While the Internet has revolutionised our relationship with the information world, playing a significant role in realising values such as free speech and access to information, the Internet has also been instrumental in proliferating access to content that infringes on copyright. Despite the Internet’s prominence in our lives for about two decades now, the legal response to some of the challenges it poses to copyright content has been slow and patchy.
To a large extent, access to infringing content on the Internet is influenced by the manner in which the right of communication to the public is interpreted. It is somewhat baffling to witness how frequently the right of communication to the public is litigated before the Court of Justice of the European Union. Even more baffling is the ever-smaller fixes that the Court gives each time. The right of communication to the public has been given a reading far removed from the statutory language used resulting in an incoherent body of law, while the new Digital Single Market Directive also tries to tinker with this exclusive right.
With this as the background, Poorna’s presentation explores whether the flexibilities ingrained in the doctrine of implied licence can be pressed into service to make sense of the right of communication to the public. On the back of a robust methodology guiding the implication of a copyright licence, her presentation explores the extent to which implied licences can deal with the access to infringing content on the Internet in a way that brings about a better balance among the interests of various stakeholders.
Biography: Dr. Poorna Mysoor is a Leverhulme Trust Early Career Fellow at the Law Faculty at Oxford University. She is an academic member of the Oxford Intellectual Property Research Centre and is a Junior Research Fellow at the Queen’s College, Oxford. Her current research explores how the structure of the law of tangible property can be transposed to copyright to achieve a balance between ownership and user rights. She completed her DPhil at the Law Faculty at Oxford in 2017 on implied licences in copyright law under the supervision of Professor Graeme Dinwoodie. She teaches several core private law subjects such as Land Law, Contract Law and Tort Law at various colleges in Oxford and Copyright Law at the Law Faculty at Oxford. Poorna obtained her undergraduate law degree from National Law School of India University, Bangalore and her LLM from SOAS, University of London. Before embarking on her DPhil, Poorna practised intellectual property law in Hong Kong and was a litigator in India.
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