The Parody Exception In Copyright Law

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The Parody Exception in Copyright Law

Sabine Jacques
The Parody Exception in Copyright Law Book PDF

Author : Sabine Jacques
Publisher : Oxford University Press
Page : 280 pages
File Size : 41,9 Mb
Release : 2019-03-07
Category : Law
ISBN : 9780192529985

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The Parody Exception in Copyright Law by Sabine Jacques Pdf

Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.

The Parody Exception in Copyright Law

Sabine Jacques
The Parody Exception in Copyright Law Book PDF

Author : Sabine Jacques
Publisher : Unknown
Page : 128 pages
File Size : 45,6 Mb
Release : 2019
Category : Copyright
ISBN : 0191876798

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The Parody Exception in Copyright Law by Sabine Jacques Pdf

Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody.

The Parody Exception in Copyright Law

Sabine Jacques
The Parody Exception in Copyright Law Book PDF

Author : Sabine Jacques
Publisher : Oxford University Press
Page : 280 pages
File Size : 40,9 Mb
Release : 2019-03-07
Category : Law
ISBN : 9780192529978

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The Parody Exception in Copyright Law by Sabine Jacques Pdf

Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.

The Right To Parody

Amy Lai
The Right To Parody Book PDF

Author : Amy Lai
Publisher : Cambridge University Press
Page : 251 pages
File Size : 48,9 Mb
Release : 2019-01-03
Category : Law
ISBN : 9781108427388

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The Right To Parody by Amy Lai Pdf

Examines the right to parody as a natural right in both the free speech and the copyright contexts.

Law of Raw Data

Jan Bernd Nordemann,Christian Czychowski
Law of Raw Data Book PDF

Author : Jan Bernd Nordemann,Christian Czychowski
Publisher : Kluwer Law International B.V.
Page : 605 pages
File Size : 52,8 Mb
Release : 2021-08-23
Category : Law
ISBN : 9789403532813

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Law of Raw Data by Jan Bernd Nordemann,Christian Czychowski Pdf

Data, in its raw or unstructured form, has become an important and valuable economic asset, lending it the sobriquet of ‘the oil of the twenty-first century’. Clearly, as intellectual property, raw data must be legally defined if not somehow protected to ensure that its access and re-use can be subject to legal relations. As legislators struggle to develop a settled legal regime in this complex area, this indispensable handbook will offer a careful and dedicated analysis of the legal instruments and remedies, both existing and potential, that provide such protection across a wide variety of national legal systems. Produced under the auspices of the International Association for the Protection of International Property (AIPPI), more than forty of the association’s specialists from twenty-three countries worldwide contribute national chapters on the relevant law in their respective jurisdictions. The contributions thoroughly explain how each country approaches such crucial matters as the following: if there is any intellectual property right available to protect raw data; the nature of such intellectual property rights that exist in unstructured data; contracts on data and which legal boundaries stand in the way of contract drafting; liability for data products or services; and questions of international private law and cross-border portability. Each country’s rules concerning specific forms of data – such as data embedded in household appliances and consumer goods, criminal offence data, data relating to human genetics, tax and bank secrecy, medical records, and clinical trial data – are described, drawing on legislation, regulation, and case law. A matchless legal resource on one of the most important raw materials of the twenty-first century, this book provides corporate counsel, practitioners and policymakers working in the field of intellectual property rights, and concerned academics with both a broad-based global overview on emerging legal strategies in the protection of unstructured data and the latest information on existing legislation and regulation in the area.

The Cambridge Handbook of Copyright Limitations and Exceptions

Shyamkrishna Balganesh,Ng-Loy Wee Loon,Haochen Sun
The Cambridge Handbook of Copyright Limitations and Exceptions Book PDF

Author : Shyamkrishna Balganesh,Ng-Loy Wee Loon,Haochen Sun
Publisher : Cambridge University Press
Page : 0 pages
File Size : 52,5 Mb
Release : 2023-03-30
Category : Law
ISBN : 1009293141

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The Cambridge Handbook of Copyright Limitations and Exceptions by Shyamkrishna Balganesh,Ng-Loy Wee Loon,Haochen Sun Pdf

While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.

The Copyright Pentalogy

Michael Geist
The Copyright Pentalogy Book PDF

Author : Michael Geist
Publisher : University of Ottawa Press
Page : 476 pages
File Size : 48,9 Mb
Release : 2013-04-27
Category : Law
ISBN : 9780776620848

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The Copyright Pentalogy by Michael Geist Pdf

In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged. This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts. Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions. This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.

Copyright Law in an Age of Limitations and Exceptions

Ruth L. Okediji
Copyright Law in an Age of Limitations and Exceptions Book PDF

Author : Ruth L. Okediji
Publisher : Cambridge University Press
Page : 543 pages
File Size : 55,8 Mb
Release : 2017-03-30
Category : Law
ISBN : 9781107132375

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Copyright Law in an Age of Limitations and Exceptions by Ruth L. Okediji Pdf

In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.

In the Public Interest

Michael Geist
In the Public Interest Book PDF

Author : Michael Geist
Publisher : Unknown
Page : 602 pages
File Size : 45,5 Mb
Release : 2005-01-01
Category : Copyright
ISBN : 1552211134

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In the Public Interest by Michael Geist Pdf

From Grokster to Google, copyright has emerged as one of the Internet's most challenging legal issues. Once limited to a select group of scholars, copyright now captures front page headlines as millions of Canadians consider its impact on education, technology, communication, and culture. As Canada embarks on a new round of digital copyright reform, this collection of 19 essays from Canada's leading copyright experts provides context and analysis of the latest reform proposals. Edited by Professor Michael Geist, an internationally regarded authority on Internet and technology law, the collection reviews international copyright norms, assesses dozens of specific Bill C-60 provisions, and identifies potential future copyright reform initiatives. Completed immediately after the introduction of Bill C-60, this timely volume provides policy makers, lawyers, judges, educators, and interested Canadians with the tools and knowledge they need to participate in a copyright debate that will shape the future of the Internet, culture, and education in Canada.

Patent Litigation in China

Douglas Clark
Patent Litigation in China Book PDF

Author : Douglas Clark
Publisher : Oxford University Press, USA
Page : 313 pages
File Size : 46,7 Mb
Release : 2011-08-25
Category : Law
ISBN : 9780199730254

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Patent Litigation in China by Douglas Clark Pdf

In Patent Litigation in China, Douglas Clark provides U.S. and other non-Chinese practitioners with an overview of the patent litigation system in China and with strategic commentary to ensure better decision-making by those responsible for bringing or defending patent actions in China.

Drafting Copyright Exceptions

Emily Hudson
Drafting Copyright Exceptions Book PDF

Author : Emily Hudson
Publisher : Cambridge University Press
Page : 409 pages
File Size : 50,6 Mb
Release : 2020-04-02
Category : Law
ISBN : 9781107043312

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Drafting Copyright Exceptions by Emily Hudson Pdf

This is a detailed account of interpretative practices and the 'law in action' that draws lessons for the drafting of copyright exceptions.

The Wind Done Gone

Alice Randall
The Wind Done Gone Book PDF

Author : Alice Randall
Publisher : Houghton Mifflin Harcourt
Page : 228 pages
File Size : 41,9 Mb
Release : 2001
Category : Fiction
ISBN : 0618219064

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The Wind Done Gone by Alice Randall Pdf

A parody of Gone with the wind, this novel tells the story of Cynara, the mulatto half-sister born into slavery who eventually triumphs.

Intellectual Property and Open Source

Van Lindberg
Intellectual Property and Open Source Book PDF

Author : Van Lindberg
Publisher : "O'Reilly Media, Inc."
Page : 394 pages
File Size : 53,5 Mb
Release : 2008-07-15
Category : Computers
ISBN : 9781449391102

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Intellectual Property and Open Source by Van Lindberg Pdf

"Clear, correct, and deep, this is a welcome addition to discussions of law and computing for anyone -- even lawyers!"-- Lawrence Lessig, Professor of Law at Stanford Law School and founder of the Stanford Center for Internet and Society If you work in information technology, intellectual property is central to your job -- but dealing with the complexities of the legal system can be mind-boggling. This book is for anyone who wants to understand how the legal system deals with intellectual property rights for code and other content. You'll get a clear look at intellectual property issues from a developer's point of view, including practical advice about situations you're likely to encounter. Written by an intellectual property attorney who is also a programmer, Intellectual Property and Open Source helps you understand patents, copyrights, trademarks, trade secrets, and licenses, with special focus on the issues surrounding open source development and the GPL. This book answers questions such as: How do open source and intellectual property work together? What are the most important intellectual property-related issues when starting a business or open source project? How should you handle copyright, licensing and other issues when accepting a patch from another developer? How can you pursue your own ideas while working for someone else? What parts of a patent should be reviewed to see if it applies to your work? When is your idea a trade secret? How can you reverse engineer a product without getting into trouble? What should you think about when choosing an open source license for your project? Most legal sources are too scattered, too arcane, and too hard to read. Intellectual Property and Open Source is a friendly, easy-to-follow overview of the law that programmers, system administrators, graphic designers, and many others will find essential.

Intellectual Property Law

D. Vaver
Intellectual Property Law Book PDF

Author : D. Vaver
Publisher : Essentials of Canadian Law
Page : 835 pages
File Size : 48,7 Mb
Release : 2011
Category : Law
ISBN : 1552212092

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Intellectual Property Law by D. Vaver Pdf

One of the most important treatises on the subject in Canada for scholars, practitioners, policy analysts and students alike. The book has been cited as a leading authority by all levels of courts, including the Supreme Court of Canada.

The Fair Use Privilege in Copyright Law

William F. Patry
The Fair Use Privilege in Copyright Law Book PDF

Author : William F. Patry
Publisher : Unknown
Page : 586 pages
File Size : 50,7 Mb
Release : 1985
Category : Law
ISBN : UOM:39015010695891

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The Fair Use Privilege in Copyright Law by William F. Patry Pdf

This treatise traces the historical development of the concept of fair use and discusses its application to parody, criticism, fictional characters, public figures, biographies, off-air taping, photocopying, and the First Amendment.