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8 - An Integrated Approach for Copyright Criminalization

Published online by Cambridge University Press:  04 August 2018

Eldar Haber
Affiliation:
University of Haifa, Israel
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Summary

Chapter VIII suggests a heuristic for policymakers under the various criminalization approaches, and chiefly evaluates whether copyright criminalization is vindicated. To assess whether copyright criminalization is justified from the perspective of criminal law, this chapter examines copyright criminalization through an integrated approach to criminalization. I examine it on four consecutive measures: (1) harm and wrongfulness (examined separately or combined); (2) substantial public interest; (3) efficiency of criminalization; and (4) the consequences of criminalization. Satisfaction of the four measures could support criminalizing copyright infringements. Examining criminal copyright through the integrated approach reveals that copyright criminalization is not always justified.
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Criminal Copyright , pp. 217 - 256
Publisher: Cambridge University Press
Print publication year: 2018

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