Digital Content Licensing

Authored by: Paul D. Callister , Kathleen Hall

Encyclopedia of Library and Information Science, Fourth Edition

Print publication date:  November  2017
Online publication date:  November  2017

Print ISBN: 9781466552593
eBook ISBN: 9781315116143
Adobe ISBN:

10.1081/E-ELIS4-120044409

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Abstract

Content licensing primarily concerns the licensing of property, and impacts legal rights under diverse bodies of local, national, foreign, and international law. Besides copyright law, content licensing may concern, depending upon the jurisdiction, the author or creator’s “moral rights,” “neighbor rights,” lender’s rights, defamation, privacy, publicity, pornography and obscenity, international trade, exports and technology transfer, privacy, trademark, commercial codes, and employment law, etc. Commercial or contract law enters in as well in connection with such issues as formation, interpretation, warranties, and remedies for breach. Choice of law and choice of forum are issues as well in our present global marketplace. Thus, content licensing is a complex legal subject necessitating review of the applicable law both creating intellectual property rights and governing contractual agreements and licensing.

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