Paper: Ginsburg on Making Available

A short paper by Jane C. Ginsburg on "the right of making available to the public" under the Berne Convention and the WIPO Copyright Treaty and the interplay between both: The (New?) Right of Making Available to the Public (SSRN). The last paragraph:

As for the scope of the “making available” right, this Essay has endeavored to show that not all forms of communication of works over the Internet come within its reach. Moreover, some of the excluded (or at best ambiguously covered) communications may be economically significant. This suggests that, despite the aim of the WIPO Treaties’ enactors to assure “effective and uniform” “protection of the rights of authors,” technology may continue to outstrip the ingenuity of the drafters of multilateral instruments.