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Author : Anonim
Publisher : Unknown
Page : 664 pages
File Size : 54,5 Mb
Release : 2004
Category : Copyright
ISBN : STANFORD:36105063865286
Author : Anonim
Publisher : Unknown
Page : 672 pages
File Size : 40,9 Mb
Release : 2003
Category : Copyright
ISBN : STANFORD:36105063610716
Author : Brian Fitzgerald,Fuping Gao,Damien O'Brien,Sampsung Xiaoxiang Shi
Publisher : Sydney University Press
Page : 355 pages
File Size : 52,7 Mb
Release : 2008-04-01
Category : Law
ISBN : 9781743322444
Copyright law, digital content and the Internet in the Asia-Pacific provides a unique insight into the key issues facing copyright law and digital content policy in a networked information world.
Author : Ben Depoorter,Peter Menell,David Schwartz
Publisher : Edward Elgar Publishing
Page : 1504 pages
File Size : 49,5 Mb
Release : 2019
Category : Law
ISBN : 9781789903997
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Author : Graham Greenleaf,David Lindsay
Publisher : Cambridge University Press
Page : 667 pages
File Size : 46,8 Mb
Release : 2018-06-21
Category : Law
ISBN : 9781107134065
This comprehensive international and comparative account reconceptualises the public domain, providing new insights into copyright and copyright law reform.
Author : William Patry
Publisher : Oxford University Press
Page : 336 pages
File Size : 44,7 Mb
Release : 2012-01-02
Category : Law
ISBN : 9780199912919
Do copyright laws directly cause people to create works they otherwise wouldn't create? Do those laws directly put substantial amounts of money into authors' pockets? Does culture depend on copyright? Are copyright laws a key driver of competitiveness and of the knowledge economy? These are the key questions William Patry addresses in How to Fix Copyright. We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment. Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying. Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity. The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.
Author : Tony Stankus
Publisher : Routledge
Page : 447 pages
File Size : 44,8 Mb
Release : 2019-12-06
Category : Language Arts & Disciplines
ISBN : 9781000757927
This book, first published in 2002, gathers some of America's top subject expert librarians to determine the most influential journals in their respective fields. 32 contributing authors reviewed journals from over twenty countries that have successfully shaped the evolution of their individual specialties worldwide. Their choices reflect the history of each discipline or profession, taking into account rivalries between universities, professional societies, for-profit and not-for-profit publishers, and even nation-states and international ideologies, in each journal's quest for reputational dominance. Each journal was judged using criteria such as longevity of publication, foresight in carving out its niche, ability to attract & sustain professional or academic affiliations, opinion leadership or agenda-setting power, and ongoing criticality to the study or practice of their field. The book presents wholly independent reviewers; none are in the employ of any publisher, but each is fully credentialed and well published, and many are award-winners. The authors guide college and professional school librarians on limited budgets via an exposition of their analytical and critical winnowing process in determining the classic resources for their faculty, students, and working professional clientele.
Author : Qinqing Xu
Publisher : Taylor & Francis
Page : 204 pages
File Size : 44,5 Mb
Release : 2023-04-17
Category : Law
ISBN : 9781000867206
Two of the objectives of the Chinese Copyright Law are to protect the copyright of authors to their literary and artistic works and encourage the creation and dissemination of works. In practice, however, in spite of the existence of the Music Copyright Society of China ('MCSC') that was established to assist with exercising copyright, music creators in China remain in need of help to protect and manage their fragmented copyright. The MCSC was the first collective management organisation ('CMO') in mainland China and is the only CMO in the field of musical works. While there is a large music industry and copyright business in China, the MCSC only had 11,356 members at the end of 2021. The third amendment of the Chinese Copyright Law was initiated in 2011 and came into effect in June 2021 after a long debate for almost ten years. The discussion of the third amendment has highlighted the controversial topic of collective management of copyright. This book explores the adequacy of the MCSC as an intermediary representing rights for music creators. The main argument developed in this study is that the work of the MCSC for individual composers and lyricists is hampered by shortcomings in the regulatory regime as well as by a lack of members’ rights to participate in the management of their own rights and by the ineffective international cooperation between the MCSC and other musical CMOs overseas. The analysis is undertaken through a case study approach, comparing the collective management systems of music copyright in China, the United States and Australia and addressing the question of how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory systems designed to limit the misuse of those CMOs’ monopoly, members’ rights in the organisations, and international cooperation between these CMOs. Overall, the main findings of this book suggest that the MCSC in China could work more effectively to protect music creators’ interests. In contrast, although the operational frameworks of the American Society of Composers, Authors and Publishers ('ASCAP') and the Broadcasting Broadcast Music, Inc. ('BMI') in the United States and the Australasian Performing Right Association ('APRA') in Australia are not perfect models, the systems in these two countries may at least provide reference points for potential improvement of the regime of the MCSC. The research recommends three courses of action: strengthening the regulatory design overseeing the MCSC’s monopoly, clarifying the relationship between the MCSC and its members while providing the members with the right to manage their own copyright, and improving the international cooperation between the MCSC and CMOs in other countries.
Author : Christina Angelopoulos
Publisher : Kluwer Law International B.V.
Page : 594 pages
File Size : 52,8 Mb
Release : 2016-09-15
Category : Law
ISBN : 9789041168412
In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.
Author : Anonim
Publisher : PULP
Page : 72 pages
File Size : 49,8 Mb
Release : 2024-07-01
Category : Electronic
ISBN : 9780981412443
Author : Lasantha Ariyarathna
Publisher : Taylor & Francis
Page : 180 pages
File Size : 52,9 Mb
Release : 2022-09-05
Category : Law
ISBN : 9781000642766
This book examines the challenges posed to Australian copyright law by streaming, from the end-user perspective. It compares the Australian position with the European Union and United States to draw lessons from them, regarding how they have dealt with streaming and copyright. By critically examining the technological functionality of streaming and the failure of copyright enforcement against the masses, it argues for strengthening end-user rights. The rising popularity of streaming has resulted in a revolutionary change to how digital content, such as sound recordings, cinematographic films, and radio and television broadcasts, is used on the internet. Superseding the conventional method of downloading, using streaming to access digital content has challenged copyright law, because it is not clear whether end-user acts of streaming constitute copyright infringement. These prevailing grey areas between copyright and streaming often make end-users feel doubtful about accessing digital content through streaming. It is uncertain whether exercising the right of reproduction is appropriately suited for streaming, given the ambiguities of “embodiment” and scope of “substantial part”. Conversely, the fair dealing defence in Australia cannot be used aptly to defend end-users’ acts of streaming digital content, because end-users who use streaming to access digital content can rarely rely on the defence of fair dealing for the purposes of criticism or review, news reporting, parody or satire, or research or study. When considering a temporary copy exception, end-users are at risk of being held liable for infringement when using streaming to access a website that contains infringing digital content, even if they lack any knowledge about the content’s infringing nature. Moreover, the grey areas in circumventing geo-blocking have made end-users hesitant to access websites through streaming because it is not clear whether technological protection measures apply to geo-blocking. End-users have a severe lack of knowledge about whether they can use circumvention methods, such as virtual private networks, to access streaming websites without being held liable for copyright infringement. Despite the intricacies between copyright and access to digital content, the recently implemented website-blocking laws have emboldened copyright owners while suppressing end-users’ access to digital content. This is because the principles of proportionality and public interest have been given less attention when determining website-blocking injunctions.
Author : Martha Vicinus,Caroline Eisner
Publisher : University of Michigan Press
Page : 284 pages
File Size : 40,7 Mb
Release : 2009-12-18
Category : Language Arts & Disciplines
ISBN : 9780472024445
"At long last, a discussion of plagiarism that doesn't stop at 'Don't do it or else,' but does full justice to the intellectual interest of the topic!" ---Gerald Graff, author of Clueless in Academe and 2008 President, Modern Language Association This collection is a timely intervention in national debates about what constitutes original or plagiarized writing in the digital age. Somewhat ironically, the Internet makes it both easier to copy and easier to detect copying. The essays in this volume explore the complex issues of originality, imitation, and plagiarism, particularly as they concern students, scholars, professional writers, and readers, while also addressing a range of related issues, including copyright conventions and the ownership of original work, the appropriate dissemination of innovative ideas, and the authority and role of the writer/author. Throughout these essays, the contributors grapple with their desire to encourage and maintain free access to copyrighted material for noncommercial purposes while also respecting the reasonable desires of authors to maintain control over their own work. Both novice and experienced teachers of writing will learn from the contributors' practical suggestions about how to fashion unique assignments, teach about proper attribution, and increase students' involvement in their own writing. This is an anthology for anyone interested in how scholars and students can navigate the sea of intellectual information that characterizes the digital/information age. "Eisner and Vicinus have put together an impressive cast of contributors who cut through the war on plagiarism to examine key specificities that often get blurred by the rhetoric of slogans. It will be required reading not only for those concerned with plagiarism, but for the many more who think about what it means to be an author, a student, a scientist, or anyone who negotiates and renegotiates the meaning of originality and imitation in collaborative and information-intensive settings." ---Mario Biagioli, Professor of the History of Science, Harvard University, and coeditor of Scientific Authorship: Credit and Intellectual Property in Science "This is an important collection that addresses issues of great significance to teachers, to students, and to scholars across several disciplines. . . . These essays tackle their topics head-on in ways that are both accessible and provocative." ---Andrea Lunsford, Louise Hewlett Nixon Professor of English, Claude and Louise Rosenberg Jr. Fellow, and Director of the Program in Writing and Rhetoric at Stanford University and coauthor of Singular Texts/Plural Authors: Perspectives on Collaborative Writing digitalculturebooks is an imprint of the University of Michigan Press and the Scholarly Publishing Office of the University of Michigan Library dedicated to publishing innovative and accessible work exploring new media and their impact on society, culture, and scholarly communication. Visit the website at www.digitalculture.org.
Author : Tito Rendas
Publisher : Kluwer Law International B.V.
Page : 400 pages
File Size : 41,6 Mb
Release : 2021-02-10
Category : Law
ISBN : 9789403524009
Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.
Author : Patrick Masiyakurima
Publisher : Bloomsbury Publishing
Page : 208 pages
File Size : 44,6 Mb
Release : 2020-03-05
Category : Law
ISBN : 9781509916979
This book discusses copyright protection of unpublished works including letters, diaries, manuscripts, photographs, memoranda, sketches, private journals, government records and drafts intended for future publication. Under contemporary British copyright law, unpublished works are protected by the Copyright, Designs and Patents Act 1988. In addition, the Berne Convention anticipates that unpublished works shall receive protection. While unpublished works are, in general, assimilated to the treatment of published ones, notable differences in the strength of protection afforded to published and unpublished works remain. It is the case that contemporary British copyright law confers stronger and longer protection on unpublished works. For instance, the unpublished status of a work assumes pivotal significance in the framework for determining: qualification for copyright protection, the extent of copyright protection, exceptions to copyright infringement and the remedies for copyright infringement. The principal aim of the book is to consider whether copyright in unpublished works is justified; a task which is prosecuted from historical, normative and legal perspectives. Although the book's primary focus is the treatment of unpublished works in Britain, it also relies extensively on materials from other Common Law jurisdictions. The book contributes to the understanding of why cumulative protection of unpublished works emerged, and how exceptions to rights in unpublished works evolved. Moreover, the analysis deployed in the book aids the task of applying the law to 'new circumstances'.
Author : Marc Scheufen
Publisher : Springer
Page : 516 pages
File Size : 47,5 Mb
Release : 2014-12-29
Category : Law
ISBN : 9783319127392
This book addresses the recent debate about copyright law and its impact on the distribution of scientific knowledge from an economic perspective. The focus is on the question whether a copyright regime or an open access regime is better suited to the norms and organizational structure in a purely global science community. The book undertakes a thorough economic analysis of the academic journal market and showcases consequences of a regime change. It also takes account of the Digital Divide debate, reflecting issues in developing countries. Finally, a comprehensive analysis of legal action in the light of international Intellectual Property (IP) agreements offers prospects on the future of academic publishing.