Creative Works & the Right of Making Them Available

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.