LITERATURE REVIEW
1. Historical Evolution of Copyright Law:
Explore the historical development of copyright law and its evolution in balancing the
rights of creators with the public interest.
Investigate how early copyright statutes established limitations to encourage creativity,
dissemination of knowledge, and the public domain.
2. Fair Use Doctrine:
Examine the fair use doctrine as a significant limitation on copyright contracts, allowing
for the use of copyrighted material without explicit permission for purposes such as
criticism, commentary, and education.
Analyze how courts determine fair use and its impact on contractual limitations in
copyright agreements.
3. First Sale Doctrine:
Investigate the first sale doctrine, which limits the control copyright holders have over the
distribution of a particular copy of their work after the initial sale.
Examine how this doctrine affects contractual limitations on the resale and distribution of
copyrighted materials.
4. Digital Millennium Copyright Act (DMCA):
Review the DMCA and its impact on contractual limitations, focusing on anti-
circumvention provisions and safe harbors for online service providers.
Assess the balance between copyright protection and limitations introduced by the
DMCA to facilitate innovation and online service development.
5. Public Domain and Duration of Copyright:
Explore how the concept of the public domain and the limited duration of copyright
protection contribute to contractual limitations.
Analyze the tension between protecting creators' rights and the eventual availability of
works for public use without restrictions.
6. Compulsory Licensing:
Examine the concept of compulsory licensing as a limitation on contractual exclusivity,
allowing third parties to use copyrighted works under certain conditions.
Evaluate how compulsory licensing strikes a balance between copyright protection and
fostering competition and innovation.
7. Challenges in Digital Environments:
Investigate the challenges posed by digital technologies to traditional copyright contracts,
including issues related to digital reproduction, distribution, and the ease of infringement.
Analyze how these challenges influence the limitations placed on copyright contracts in
the digital age.
8. International Copyright Treaties and Agreements:
Review international treaties such as the Berne Convention and TRIPS Agreement and
their impact on contractual limitations in copyright protection.
Explore how harmonization efforts affect the ability of parties to contractually shape the
terms of copyright agreements.
9. User Rights and Access to Knowledge:
Examine the concept of user rights as limitations on copyright contracts, focusing on the
balance between protecting creators' rights and ensuring access to knowledge for the
public.
Assess the role of user rights in shaping copyright limitations in different jurisdictions.
10. Emerging Legal Trends and Technological Solutions:
Investigate recent legal trends and technological solutions addressing limitations on
copyright contracts, including open access models, Creative Commons licenses, and
blockchain technology.
Explore how these developments impact the contractual landscape of copyright
protection and contribute to the evolution of legal frameworks
Research Gap
The current body of research examining the limitations on contracts related to copyright
protection lacks a thorough investigation into the underlying reasons for these limitations. While
scholarly attention has been directed towards understanding the legal boundaries imposed on
contractual agreements in the context of copyright, there remains a research gap in elucidating
the motivations and policy considerations that drive the establishment of these limitations. A
comprehensive exploration of the historical, economic, and societal factors influencing the
development of restrictions on contractual terms within the realm of copyright protection is
essential for a nuanced understanding of the legal framework. Additionally, research could delve
into case analyses and practical implications to shed light on how these limitations impact the
balance between the interests of copyright holders and the broader public, thereby contributing
valuable insights for legal practitioners, policymakers, and scholars seeking to navigate the
evolving landscape of intellectual property law.
