Originality And Intellectual Property In The French And English Enlightenment

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Originality and Intellectual Property in the French and English Enlightenment

Reginald McGinnis
Originality and Intellectual Property in the French and English Enlightenment Book PDF

Author : Reginald McGinnis
Publisher : Routledge
Page : 293 pages
File Size : 51,8 Mb
Release : 2013-10-17
Category : Literary Criticism
ISBN : 9781135024611

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Originality and Intellectual Property in the French and English Enlightenment by Reginald McGinnis Pdf

Are legal concepts of intellectual property and copyright related to artistic notions of invention and originality? Do literary and legal scholars have anything to learn from each other, or should the legal debate be viewed as separate from questions of aesthetics? Bridging what are usually perceived as two distinct areas of inquiry, this interdisciplinary volume begins with a reflection on the "origins" of literary and legal questions in the Enlightenment to consider their ramifications in the post-Enlightenment and contemporary world. Tying in to the growing scholarly interest in connections between law and literature, on the one hand, and to the contemporary interrogation of "originality" and "authorship," on the other hand, the present volume furthers research in the field by providing a dense study of the legal and historical context to re-examine our current assumptions about supposed earlier Enlightenment and Romantic ideals of individual authorship and originality.

Dutfield and Suthersanen on Global Intellectual Property Law

Graham Dutfield,Uma Suthersanen
Dutfield and Suthersanen on Global Intellectual Property Law Book PDF

Author : Graham Dutfield,Uma Suthersanen
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 44,6 Mb
Release : 2020-01-31
Category : Law
ISBN : 9781782548836

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Dutfield and Suthersanen on Global Intellectual Property Law by Graham Dutfield,Uma Suthersanen Pdf

A much-anticipated new edition of this acclaimed work on intellectual property (IP) in its global context. With intelligent and insightful coverage of IP law from international and comparative perspectives this second edition has been thoroughly revised and expanded. This unique textbook presents the main IP rights, identifying their basic features and tracing their evolution up to the present day by reference to statutes, cases and international treaties.

Intellectual Property and the Design of Nature

Bellido
Intellectual Property and the Design of Nature Book PDF

Author : Bellido
Publisher : Oxford University Press
Page : 401 pages
File Size : 46,5 Mb
Release : 2023-09-21
Category : Education
ISBN : 9780192864406

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Intellectual Property and the Design of Nature by Bellido Pdf

Intellectual property law has been interacting with nature for over two centuries. Despite this long history, this relationship has largely been ignored. Intellectual Property and the Design of Nature fills this gap by bringing together scholars from different disciplines to examine the important role that nature plays in intellectual property law. Based on the idea that many contemporary issues require a better understanding of these historical interactions, the book reflects on the ways intellectual property law has engaged with and understood nature in the past. The varied contributions show how the relationship between nature and intellectual property law is often more complex, permeable, and porous than is commonly recognized. Intellectual Property and the Design of Nature demonstrates the complex and changing role that nature has played in the history of intellectual property law. Each of the chapters casts a new light on these connections. A compelling read for everyone interested in exploring new perspectives in the field of intellectual property.

Originality in EU Copyright

Eleonora Rosati
Originality in EU Copyright Book PDF

Author : Eleonora Rosati
Publisher : Edward Elgar Publishing
Page : 300 pages
File Size : 54,6 Mb
Release : 2013-10-31
Category : Law
ISBN : 9781782548942

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Originality in EU Copyright by Eleonora Rosati Pdf

Through an assessment of the originality requirement, this work guides the reader in interpreting judicial decisions which are of fundamental importance to current and future understanding of EU copyright. The book�s holistic approach and methodology t

Justifying Intellectual Property

Robert P. Merges
Justifying Intellectual Property Book PDF

Author : Robert P. Merges
Publisher : Harvard University Press
Page : 422 pages
File Size : 41,9 Mb
Release : 2011-06-13
Category : Law
ISBN : 9780674061125

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Justifying Intellectual Property by Robert P. Merges Pdf

Why should a property interest exist in an intangible item? In recent years, arguments over intellectual property have often divided proponents—who emphasize the importance of providing incentives for producers of creative works— from skeptics who emphasize the need for free and open access to knowledge. In a wide-ranging and ambitious analysis, Robert P. Merges establishes a sophisticated rationale for the most vital form of modern property: IP rights. His insightful new book answers the many critics who contend that these rights are inefficient, unfair, and theoretically incoherent. But Merges’ vigorous defense of IP is also a call for appropriate legal constraints and boundaries: IP rights are real, but they come with real limits. Drawing on Kant, Locke, and Rawls as well as contemporary scholars, Merges crafts an original theory to explain why IP rights make sense as a reward for effort and as a way to encourage individuals to strive. He also provides a novel explanation of why awarding IP rights to creative people is fair for everyone else in society, by contributing to a just distribution of resources. Merges argues convincingly that IP rights are based on a solid ethical foundation, and—when subject to fair limits—these rights are an indispensable part of a well-functioning society.

Forgotten Intellectual Property Lore

Shubha Ghosh
Forgotten Intellectual Property Lore Book PDF

Author : Shubha Ghosh
Publisher : Edward Elgar Publishing
Page : 448 pages
File Size : 51,8 Mb
Release : 2020-10-30
Category : Law
ISBN : 9781788978712

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Forgotten Intellectual Property Lore by Shubha Ghosh Pdf

This innovative book explores forgotten disputes over intellectual property and the ways in which creative people and sovereigns have managed these disputes throughout the centuries. With a focus on reform, it raises important questions about the resilience of legal rules and challenges the methodology behind traditional legal analyses. Focusing on lore and traditions, expert contributors incorporate contextual understandings that are rooted in history, sociology, political science, and literary studies into their analyses.

The Plagiarism Allegation in English Literature from Butler to Sterne

R. Terry
The Plagiarism Allegation in English Literature from Butler to Sterne Book PDF

Author : R. Terry
Publisher : Springer
Page : 215 pages
File Size : 55,7 Mb
Release : 2010-09-22
Category : Fiction
ISBN : 9780230289918

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The Plagiarism Allegation in English Literature from Butler to Sterne by R. Terry Pdf

Contributing to the growth in plagiarism studies, this timely new book highlights the impact of the allegation of plagiarism on the working lives of some of the major writers of the period, and considers plagiarism in relation to the emergence of literary copyright and the aesthetic of originality.

The Books that Made the European Enlightenment

Gary Kates
The Books that Made the European Enlightenment Book PDF

Author : Gary Kates
Publisher : Bloomsbury Publishing
Page : 457 pages
File Size : 53,5 Mb
Release : 2022-08-11
Category : History
ISBN : 9781350277670

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The Books that Made the European Enlightenment by Gary Kates Pdf

In contrast to traditional Enlightenment studies that focus solely on authors and ideas, Gary Kates' employs a literary lens to offer a wholly original history of the period in Europe from 1699 to 1780. Each chapter is a biography of a book which tells the story of the text from its inception through to the revolutionary era, with wider aspects of the Enlightenment era being revealed through the narrative of the book's publication and reception. Here, Kates joins new approaches to book history with more traditional intellectual history by treating authors, publishers, and readers in a balanced fashion throughout. Using a unique database of 18th-century editions representing 5,000 titles, the book looks at the multifaceted significance of bestsellers from the time. It analyses key works by Voltaire, Adam Smith, Madame de Graffigny, Jean-Jacques Rousseau and David Hume and champions the importance of a crucial innovation of the age: the rise of the 'erudite blockbuster', which for the first time in European history, helped to popularize political theory among a large portion of the middling classes. Kates also highlights how, when, and why some of these books were read in the European colonies, as well as incorporating the responses of both ordinary men and women as part of the reception histories that are so integral to the volume.

Literary Characters in Intellectual Property Law

Jani McCutcheon
Literary Characters in Intellectual Property Law Book PDF

Author : Jani McCutcheon
Publisher : Edward Elgar Publishing
Page : 303 pages
File Size : 51,8 Mb
Release : 2023-03-02
Category : Law
ISBN : 9781788114325

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Literary Characters in Intellectual Property Law by Jani McCutcheon Pdf

This ground-breaking book critically interrogates how literary characters are regulated under copyright, moral rights, and trademark law, challenging important foundations that underscore engagement with literary characters. Using interesting examples, and referencing literary theory, Literary Characters in Intellectual Property Law offers an in-depth exploration of both the law and the diverse and conflicting interests that are impacted by literary character appropriation, incorporating the perspectives of owners, authors, appropriators, and consumers.

Governing Intellectual Property Rights Within Publicly Funded Biobanks

Rajam Neethu
Governing Intellectual Property Rights Within Publicly Funded Biobanks Book PDF

Author : Rajam Neethu
Publisher : Kluwer Law International B.V.
Page : 342 pages
File Size : 52,6 Mb
Release : 2019-06-21
Category : Law
ISBN : 9789403506227

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Governing Intellectual Property Rights Within Publicly Funded Biobanks by Rajam Neethu Pdf

Governing Intellectual Property Rights Within Publicly Funded Biobanks R. Neethu The boom in biobanks and health databases as research infrastructures have evoked various legal and ethical debates. Since then numerous new developments have emerged such as digitalization, big-data research and artificial intelligence which has important implications for biobank-based research and collaborations. This new paradigm offers new legal challenges for commercial involvement particularly within a publicly funded setting. In this innovative book, the author shows that securing maximum social benefit out of the knowledge emanating from the use of biobank resources lies in managing intellectual property inputs and outputs effectively in keeping with the values core to such research. Focusing on the challenges of involving intellectual property rights (IPRs) particularly in the precompetitive phase of biobank-based research, the book offers an extensive understanding of the role of different IPRs and identifies the gaps in the law and its implications for biobanks. The analysis covers important aspects in relation to biobanks such as: Digital integration and biomedical data storage; Ownership of biological samples; Commercialization and benefit sharing; Partnership models; Public sector research; Disposition of samples; Consent; Cross-border exchange; Trade secrecy; Privacy; Regulatory stewardship; Business strategies; Ethical considerations over biological resources; Patenting of inventions relating to personalized medicine; Ethical parameters within patent law; and Rights regarding genetic data and databases. The book includes observations, case studies and interviews conducted by the author. In conclusion, the author offers cogent recommendations for legal interoperability of IP rules and research practices designed to enhance the ability of biobanks to share, access and reuse data. This book is the first of its kind to explore the organizational and legislative choices for biobanks particularly while engaging in the protection of research results and technology transfer within a publicly funded setting. It will be of substantial interest to all stakeholders in biobanking, especially policymakers, biobankers and researchers working in the field of health law as well as for legal practitioners, academics and patient interest groups.

Performing Copyright

Luke McDonagh
Performing Copyright Book PDF

Author : Luke McDonagh
Publisher : Bloomsbury Publishing
Page : 225 pages
File Size : 47,6 Mb
Release : 2021-06-17
Category : Law
ISBN : 9781509927050

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Performing Copyright by Luke McDonagh Pdf

Based on empirical research, this innovative book explores issues of performativity and authorship in the theatre world under copyright law and addresses several inter-connected questions: who is the author and first owner of a dramatic work? Who gets the credit and the licensing rights? What rights do the performers of the work have? Given the nature of theatre as a medium reliant on the re-use of prior existing works, tropes, themes and plots, what happens if an allegation of copyright infringement is made against a playwright? Furthermore, who possesses moral rights over the work? To evaluate these questions in the context of theatre, the first part of the book examines the history of the dramatic work both as text and as performative work. The second part explores the notions of authorship and joint authorship under copyright law as they apply to the actual process of creating plays, referring to legal and theatrical literature, as well as empirical research. The third part looks at the notion of copyright infringement in the context of theatre, noting that cases of alleged theatrical infringement reach the courts comparatively rarely in comparison with music cases, and assessing the reasons for this with respect to empirical research. The fourth part examines the way moral rights of attribution and integrity work in the context of theatre. The book concludes with a prescriptive comment on how law should respond to the challenges provided by the theatrical context, and how theatre should respond to law. Very original and innovative, this book proposes a ground-breaking empirical approach to study the implications of copyright law in society and makes a wonderful case for the need to consider the reciprocal influence between law and practice.

Circulation and Control

Marie-Stéphanie Delamaire,Will Slauter
Circulation and Control Book PDF

Author : Marie-Stéphanie Delamaire,Will Slauter
Publisher : Open Book Publishers
Page : 334 pages
File Size : 43,5 Mb
Release : 2021-10-08
Category : Law
ISBN : 9781800641495

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Circulation and Control by Marie-Stéphanie Delamaire,Will Slauter Pdf

The nineteenth century witnessed a series of revolutions in the production and circulation of images. From lithographs and engraved reproductions of paintings to daguerreotypes, stereoscopic views, and mass-produced sculptures, works of visual art became available in a wider range of media than ever before. But the circulation and reproduction of artworks also raised new questions about the legal rights of painters, sculptors, engravers, photographers, architects, collectors, publishers, and subjects of representation (such as sitters in paintings or photographs). Copyright and patent laws tussled with informal cultural norms and business strategies as individuals and groups attempted to exert some degree of control over these visual creations. With contributions by art historians, legal scholars, historians of publishing, and specialists of painting, photography, sculpture, and graphic arts, this rich collection of essays explores the relationship between intellectual property laws and the cultural, economic, and technological factors that transformed the pictorial landscape during the nineteenth century. This book will be valuable reading for historians of art and visual culture; legal scholars who work on the history of copyright and patent law; and literary scholars and historians who work in the field of book history. It will also resonate with anyone interested in current debates about the circulation and control of images in our digital age.

Owning Performance | Performing Ownership

Jane Wessel
Owning Performance Performing Ownership Book PDF

Author : Jane Wessel
Publisher : University of Michigan Press
Page : 229 pages
File Size : 43,7 Mb
Release : 2022-07-14
Category : Performing Arts
ISBN : 9780472220250

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Owning Performance | Performing Ownership by Jane Wessel Pdf

In 1710, England’s first copyright law gave authors the ability to own their works, but it was not until 1833 that literary property law was extended to protect dramatic performance. Between these dates, generations of playwrights grappled for control over their intellectual property in a cultural and legal environment that treated print differently from performance. As ownership became a central concern for many, actors fought to possess their dramatic parts exclusively, playwrights struggled to control and profit from repeat performances of their works, and managers tried to gain a monopoly over the performance of profitable plays. Owning Performance follows the careers of some of the 18th century’s most influential playwrights, actors, and theater managers as they vied for control over the period’s most popular shows. Without protection for dramatic literary property, these figures developed creative extra-legal strategies for controlling the performance of drama—quite literally performing their ownership. Their various strategies resulted in a culture of ephemerality, with many of the period’s most popular works existing only in performance and manuscript copies. Author Jane Wessel explores how playwrights and actors developed strategies for owning their works and how, in turn, theater managers appropriated these strategies, putting constant pressure on artists to innovate. Owning Performance reveals the wide-reaching effects of property law on theatrical culture, tracing a turn away from print that affected the circulation, preservation, and legacy of 18th century drama.

Creative Autonomy, Copyright and Popular Music in Nigeria

Mary W. Gani
Creative Autonomy Copyright and Popular Music in Nigeria Book PDF

Author : Mary W. Gani
Publisher : Springer Nature
Page : 326 pages
File Size : 46,7 Mb
Release : 2020-07-27
Category : Law
ISBN : 9783030486945

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Creative Autonomy, Copyright and Popular Music in Nigeria by Mary W. Gani Pdf

This book provides an in-depth analysis of the unique structure of the Nigerian popular music industry. It explores the dissonance between copyright’s thematic support for creative autonomy and the practical ways in which the law allows singer-songwriters’ (performing authors') creative autonomy to be subverted in their contractual relationships with record labels. The book establishes the concept of creative autonomy for performing authors as a key criterion for sustainable economic development, and makes innovative legal and policy recommendations to help stakeholders preserve it.

Shakespeare's Originality

John Kerrigan
Shakespeare s Originality Book PDF

Author : John Kerrigan
Publisher : Oxford University Press
Page : 182 pages
File Size : 42,5 Mb
Release : 2018
Category : Creation (Literary, artistic, etc.)
ISBN : 9780198793755

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Shakespeare's Originality by John Kerrigan Pdf

This compact, engaging book puts Shakespeare's originality in historical context and looks at how he worked with his sources: the plays, poems, chronicles and romances on which his own plays are based.