Show simple item record

dc.contributor.authorFARRAND, Benjamin
dc.contributor.authorCARRAPIÇO, Helena
dc.date.accessioned2014-12-04T16:34:54Z
dc.date.available2014-12-04T16:34:54Z
dc.date.issued2012
dc.identifier.citationCrime law and social change, 2012, Vol. 57, No. 4, pp. 373-401
dc.identifier.issn0925-4994
dc.identifier.urihttps://hdl.handle.net/1814/33745
dc.description.abstractThis article evaluates the way in which copyright infringement has been gradually shifting from an area of civil liability to one of criminal penalty. Traditionally, consideration of copyright issues has been undertaken from a predominantly legal and/or economic perspectives. Whereas traditional legal analysis can explain what legal changes are occurring, and what impact these changes may have, they may not effectively explain 'how' these changes have come to occur. The authors propose an alternative inter-disciplinary approach, combining legal analysis with critical security studies, which may help to explain in greater detail how policies in this field have developed. In particular, through applied securitisation theory, this article intends to demonstrate the appropriation of this field by a security discourse, and its consequences for societal and legal developments. In order to explore how the securitisation framework may be a valid approach to a subject such as copyright law and to determine the extent to which copyright law may be said to have been securitised, this article will begin by explaining the origins and main features of securitisation theory, and its applicability to legal study. The authors will then attempt to apply this framework to the development of a criminal law approach to copyright infringement, by focusing on the security escalation it has undergone, developing from an economic issue into one of international security. The analysis of this evolution will be mainly characterised by the securitisation moves taking place at national, European and international levels. Finally, a general reflection will be carried out on whether the securitisation of copyright has indeed been successful and on what the consequences of such a success could be.
dc.language.isoen
dc.relation.ispartofCrime, law and social change
dc.titleCopyright law as a matter of (inter)national security? : the attempt to securitise commercial infringement and its spillover onto individual liability
dc.typeArticle
dc.identifier.doi10.1007/s10611-011-9356-8
dc.identifier.volume57
dc.identifier.startpage373
dc.identifier.endpage401
dc.identifier.issue4


Files associated with this item

FilesSizeFormatView

There are no files associated with this item.

This item appears in the following Collection(s)

Show simple item record