What If We Could Reimagine Copyright

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What if we could reimagine copyright?

Rebecca Giblin,Kimberlee Weatherall
What if we could reimagine copyright Book PDF

Author : Rebecca Giblin,Kimberlee Weatherall
Publisher : ANU Press
Page : 344 pages
File Size : 46,7 Mb
Release : 2017-01-09
Category : Law
ISBN : 9781760460815

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What if we could reimagine copyright? by Rebecca Giblin,Kimberlee Weatherall Pdf

What if we could start with a blank slate, and write ourselves a brand new copyright system? What if we could design a law, from scratch, unconstrained by existing treaty obligations, business models and questions of political feasibility? Would we opt for radical overhaul, or would we keep our current fundamentals? Which parts of the system would we jettison? Which would we keep? In short, what might a copyright system designed to further the public interest in the current legal and sociological environment actually look like? Taking this thought experiment as their starting point, the leading international thinkers represented in this collection reconsider copyright’s fundamental questions: the subject matter that should be protected, the ideal scope and duration of those rights, and how it should be enforced. Tackling the biggest challenges affecting the current law, their essays provocatively explore how the law could better secure to creators the fruits of their labours, ensure better outcomes for the world’s more marginalised populations and solve orphan works. And while the result is a collection of impossible ideas, it also tells us much about what copyright could be – and what prescriptive treaty obligations currently force us to give up. The book shows that, reimagined, copyright could serve creators and the broader public far better than it currently does – and exposes intriguing new directions for achievable reform.

Design Evolution and The Law

Vladimir Samoylov
Design Evolution and The Law Book PDF

Author : Vladimir Samoylov
Publisher : Springer Nature
Page : 153 pages
File Size : 46,7 Mb
Release : 2023-01-01
Category : Law
ISBN : 9789811966279

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Design Evolution and The Law by Vladimir Samoylov Pdf

This book focuses on product design which is evolving conceptually and practically with advances in technology. Product design is no longer solely about product stylization and decoration, but rather about providing a holistic product experience for the consumer. Therefore, in the foreseeable future, product designs will increasingly communicate not only to our eyes, but to our other senses as well. This book examines the frameworks for the protection of product designs in New Zealand and Australia and evaluates the appropriateness of expanding legal mechanisms for the accommodation of product design evolution. The value of more holistic design protection is balanced against other important considerations such as the “right to repair". The book not only anticipates the extent to which product design will cater to senses other than visual, but also provides a novel framework (with reference to industry examples) for discerning originality in such work for the purposes of copyright. This book also makes suggestions for how designs can be protected from foreseeable infringement (analogous to copyright infringement of music and movies on file sharing networks) resulting from future advances in technologies such as 3D printing and virtual reality.

Navigating Copyright for Libraries

Jessica Coates,Victoria Owen,Susan Reilly
Navigating Copyright for Libraries Book PDF

Author : Jessica Coates,Victoria Owen,Susan Reilly
Publisher : Walter de Gruyter GmbH & Co KG
Page : 729 pages
File Size : 53,9 Mb
Release : 2022-08-22
Category : Language Arts & Disciplines
ISBN : 9783110732108

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Navigating Copyright for Libraries by Jessica Coates,Victoria Owen,Susan Reilly Pdf

Information is a critical resource for personal, economic and social development. Libraries and archives are the primary access point to information for individuals and communities with much of the information protected by copyright or licence terms. In this complex legal environment, librarians and information professionals operate at the fulcrum of copyright’s balance, ensuring understanding of and compliance with copyright legislation and enabling access to knowledge in the pursuit of research, education and innovation. This book, produced on behalf of the IFLA Copyright and other Legal Matters (CLM) Advisory Committee, provides basic and advanced information about copyright, outlines limitations and exceptions, discusses communicating with users and highlights emerging copyright issues. The chapters note the significance of the topic; describe salient points of the law and legal concepts; present selected comparisons of approaches around the world; highlight opportunities for reform and advocacy; and help libraries and librarians find their way through the copyright maze.

A Critical Guide to Intellectual Property

Mat Callahan,Jim Rogers
A Critical Guide to Intellectual Property Book PDF

Author : Mat Callahan,Jim Rogers
Publisher : Bloomsbury Publishing
Page : 293 pages
File Size : 47,6 Mb
Release : 2017-10-15
Category : Political Science
ISBN : 9781786991157

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A Critical Guide to Intellectual Property by Mat Callahan,Jim Rogers Pdf

Ours is an era when human genes can be copied and patented. From genetically modified foods to digital piracy, the concept of intellectual property (IP) and the laws upholding it play a foundational role in our society, but its political and ideological dimensions have rarely been understood outside of specialist circles. This collection cuts through the legal jargon that so often surrounds IP, to provide both a comprehensive history and analysis that explores the corporate interests that shape its conception and the movements that are developing alternatives. As the nature of industry changes, we might ask: what are the wider implications of the concept of IP, be it for agribusiness and pharmaceutical companies or the film and music industries? Has IP law has been used to safeguard and assert the ownership of ideas and creativity, or is it an essential foundation of our culture? Today, with mounting challenges from the growth of free software and open source movements, this collection provides an accessible and alternative guide to IP, exploring its significance within the wider struggle between capital and the commons.

Moral Rights, Creativity, and Copyright Law

Sarah Hook
Moral Rights Creativity and Copyright Law Book PDF

Author : Sarah Hook
Publisher : Taylor & Francis
Page : 189 pages
File Size : 44,9 Mb
Release : 2023-12-29
Category : Law
ISBN : 9781003835035

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Moral Rights, Creativity, and Copyright Law by Sarah Hook Pdf

This book argues that moral rights provisions in copyright law rest on a misunderstanding, or romanticisation, of the role of the author. The Romantic conception of authorship, as a lone genius, creating from nothing, sensitive and vulnerable, has helped publishers push for strong copyright reform. But is this conception borne out in practice – especially in a world of meme culture, of artificial intelligence generated art and poetry, and of open source and fan fiction? This book probes the romantic vignette of the author through its legal adoption. Moral rights are rights that attach to the non-economic – for example, intellectual or emotional – interests of an author in their work. Much like defamation, moral rights see the right of reputation as superior to the right of freedom of expression. However, unlike defamation, moral rights are not protecting against defamatory actions against a person. In most jurisdictions, they are provisions set within copyright regimes; regimes whose purpose is to incentivise innovation. Challenging the way we think about authorship and how it should be protected by law, the book draws on a wide range of historical and contemporary examples to demonstrate how moral rights can constitute a barrier to transformative creativity. While authors and artists require strong rights to protect their ability to earn an income and incentivise creativity, moral rights, the book argues, may in turn actually harm their ability to do so. This timely criticism of moral rights will appeal to researchers, students, policy makers and lawyers working in the area of intellectual property law, as well as legal theorists, sociolegal scholars and legal historians with relevant interests.

Big Copyright Versus the People

Martin Skladany
Big Copyright Versus the People Book PDF

Author : Martin Skladany
Publisher : Unknown
Page : 289 pages
File Size : 46,5 Mb
Release : 2018-06-07
Category : Law
ISBN : 9781108415552

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Big Copyright Versus the People by Martin Skladany Pdf

Extreme copyright produces extreme consumption: ten hours a day, lost to screens. This book takes back our culture and creativity.

Pluralism or Universalism in International Copyright Law

Tatiana Eleni Synodinou
Pluralism or Universalism in International Copyright Law Book PDF

Author : Tatiana Eleni Synodinou
Publisher : Kluwer Law International B.V.
Page : 572 pages
File Size : 47,8 Mb
Release : 2019-10-24
Category : Law
ISBN : 9789403503332

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Pluralism or Universalism in International Copyright Law by Tatiana Eleni Synodinou Pdf

In a world where powerful intermediaries like Google and Facebook are de facto regulators of the communication of copyright-protected works, the democratization of access to content has both substantially expanded the availability of new markets and dramatically increased copyright infringements. Does this mean that the long-sought ideal of a “universal” copyright regulation, which would harmoniously combine effective protection of intellectual creations with public interest goals, is a lost cause? Taken together, the contributions to this insightful and thoroughly researched book suggest that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at international level, the foundations of a universal approach can be found in the interaction of regional, national and international copyright law instruments when responding to current and emerging technologies. Emphasizing the adaptation of copyright law to the needs of the information society, this volume provides critical approaches by leading copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with such issues and topics as the following: the application of core copyright law principles worldwide; authorship, rights and exceptions in the international copyright acquis; Internet copyright enforcement; global collective management of copyright; copyright contracts; database and design rights; intermediary liability; the global reach of the U.S. Fair Use doctrine; World Intellectual Property Organization’s role and strategy in international copyright lawmaking; and bilateral trade and investment agreements involving copyright. Specific evolutions and emerging trends in national and regional digital copyright laws are analyzed and assessed as they have developed in the European Union, the United States, Canada and Australia, as well as in several Asian and African countries. Throughout, attention is paid to compatibility with the Berne Convention, the perceived core of copyright law in the international copyright acquis, and the key question of the balancing of copyright law with fundamental rights from an international and comparative law perspective. As a comprehensive analysis of how core copyright law concepts and principles function in today’s fragmented copyright legal system, this book has no peers. Its detailed treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove of immeasurable value to lawyers, judges, policy makers, academics and researchers working in the field of copyright law.

Research Handbook on Empirical Studies in Intellectual Property Law

Estelle Derclaye
Research Handbook on Empirical Studies in Intellectual Property Law Book PDF

Author : Estelle Derclaye
Publisher : Edward Elgar Publishing
Page : 437 pages
File Size : 46,5 Mb
Release : 2023-07-01
Category : Law
ISBN : 9781802206210

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Research Handbook on Empirical Studies in Intellectual Property Law by Estelle Derclaye Pdf

This comprehensive Research Handbook explores empirical legal studies of intellectual property law. It covers research from four continents and offers unique conclusions to aid in the creation and understanding of policies and legislation.

Public Rights

Graham Greenleaf,David Lindsay
Public Rights Book PDF

Author : Graham Greenleaf,David Lindsay
Publisher : Cambridge University Press
Page : 667 pages
File Size : 47,6 Mb
Release : 2018-06-21
Category : Law
ISBN : 9781107134065

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Public Rights by Graham Greenleaf,David Lindsay Pdf

This comprehensive international and comparative account reconceptualises the public domain, providing new insights into copyright and copyright law reform.

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 : 54,9 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.

Is Intellectual Property Pluralism Functional?

Susy Frankel
Is Intellectual Property Pluralism Functional Book PDF

Author : Susy Frankel
Publisher : Edward Elgar Publishing
Page : 496 pages
File Size : 40,5 Mb
Release : 2019
Category : LAW
ISBN : 9781788977999

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Is Intellectual Property Pluralism Functional? by Susy Frankel Pdf

The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis.

Making Copyright Work for the Asian Pacific

Susan Corbett,Jessica Lai
Making Copyright Work for the Asian Pacific Book PDF

Author : Susan Corbett,Jessica Lai
Publisher : ANU Press
Page : 325 pages
File Size : 55,5 Mb
Release : 2018-10-22
Category : Law
ISBN : 9781760462390

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Making Copyright Work for the Asian Pacific by Susan Corbett,Jessica Lai Pdf

This book provides a contemporary overview of developing areas of copyright law in the Asian Pacific region. While noting the tendency towards harmonisation through free trade agreements, the book takes the perspective that there is a significant amount of potential for the nations of the Asian Pacific region to work together, find common ground and shift international bargaining power. Moreover, in so doing, the region can tailor any regional agreements to suit local needs. The book addresses the development of norms in the region and the ways in which this can occur in light of the specific nature of the creator–owner–user paradigm in the region and the common interests of Indigenous peoples.

Multi-sided Music Platforms and the Law

Chijioke Ifeoma Okorie
Multi sided Music Platforms and the Law Book PDF

Author : Chijioke Ifeoma Okorie
Publisher : Taylor & Francis
Page : 293 pages
File Size : 44,8 Mb
Release : 2019-10-28
Category : Law
ISBN : 9780429639838

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Multi-sided Music Platforms and the Law by Chijioke Ifeoma Okorie Pdf

Multi-Sided Music Platforms and the Law explores the legal and regulatory frameworks surrounding copyright protection, competition and privacy concerns arising from the way multi-sided platforms use copyright-protected content in digital advertising. This book suggests how stakeholders in Africa, and their advisors, may ingenuously reform and apply various legal and regulatory frameworks to address these issues which arise from the manner in which multi-sided platforms use copyright-protected content in digital advertising. The book critically engages with the regulatory efforts in other jurisdictions, particularly the EU, with a view to bringing an African perspective to the debate and practice. It undertakes a consideration of this issue by asking how multi-sided platforms may be deployed in a manner that continues innovative uses of copyright content while protecting the economic freedom of African copyright owners as small businesses. Providing the first pro-Africa approach to the regulation of multi-sided platforms, particularly with reference to music, this book focuses on key aspects of digital commercial activity and highlights the main challenges and opportunities for its regulation. It will be of interest to lawyers, policymakers and students across Nigeria, South Africa, and internationally among the African Union, European Union and beyond. .

Interconnected Intellectual Property

Graeme W. Austin,Andrew F. Christie,Andrew T. Kenyon,Megan Richardson
Interconnected Intellectual Property Book PDF

Author : Graeme W. Austin,Andrew F. Christie,Andrew T. Kenyon,Megan Richardson
Publisher : Cambridge University Press
Page : 345 pages
File Size : 51,7 Mb
Release : 2020-03-12
Category : Law
ISBN : 9781108485159

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Interconnected Intellectual Property by Graeme W. Austin,Andrew F. Christie,Andrew T. Kenyon,Megan Richardson Pdf

A timely examination of fundamental issues in intellectual property (IP) law, with international perspectives looking across regimes, jurisdictions, disciplines and professions.

Charting Limits on Trademark Rights

Sun
Charting Limits on Trademark Rights Book PDF

Author : Sun
Publisher : Oxford University Press
Page : 337 pages
File Size : 50,9 Mb
Release : 2023-05-12
Category : Law
ISBN : 9780198871248

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Charting Limits on Trademark Rights by Sun Pdf

Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations. With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.