What if we could reimagine copyright?

What if we could reimagine copyright?

Author: Rebecca Giblin

Publisher: ANU Press

ISBN: 9781760460815

Category: Law

Page: 332

View: 542

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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.

Navigating Copyright for Libraries

Navigating Copyright for Libraries

Author: Jessica Coates

Publisher: Walter de Gruyter GmbH & Co KG

ISBN: 9783110732009

Category: Language Arts & Disciplines

Page: 558

View: 381

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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.

Public Rights

Public Rights

Author: Graham Greenleaf

Publisher: Cambridge University Press

ISBN: 9781108577151

Category: Law

Page:

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Access to works in the public domain is an important source of human creativity and autonomy, whether in the arts, scientific research or online discourse. But what can users actually do with works without obtaining the permission of a copyright owner? Readers will be surprised to find how many different kinds of permitted usage exist around the world. This book offers a comprehensive international and comparative account of the copyright public domain. It identifies fifteen categories of public rights and gives a detailed legal explanation of each, showing how their implementation differs between jurisdictions. Through this analysis, the authors aim to restore balance to copyright policy debates, and to contribute to such debates by making practical law reform proposals. A major intervention in the field of intellectual property law and copyright, this book will appeal to lawyers, scholars and those involved in the administration of copyright law.

A Critical Guide to Intellectual Property

A Critical Guide to Intellectual Property

Author: Mat Callahan

Publisher: Bloomsbury Publishing

ISBN: 9781786991157

Category: Political Science

Page: 293

View: 104

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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.

Pluralism or Universalism in International Copyright Law

Pluralism or Universalism in International Copyright Law

Author: Tatiana Eleni Synodinou

Publisher: Kluwer Law International B.V.

ISBN: 9789403503332

Category: Law

Page: 744

View: 390

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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.

Big Copyright Versus the People

Big Copyright Versus the People

Author: Martin Skladany

Publisher: Cambridge University Press

ISBN: 9781108245937

Category: Law

Page:

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When the idea of copyright was enshrined in the Constitution it was intended to induce citizens to create. Today, however, copyright has morphed into a system that offers the bulk of its protection to a select number of major corporate content providers (or Big Copyright), which has turned us from a country of creators into one of consumers who spend, on average, ten hours each day on entertainment. In this alarming but illuminating book, Martin Skladany examines our culture of overconsumption and shows not only how it leads to addiction, but also how it is unraveling important threads - of family, friendship, and community - in our society. Big Copyright versus the People should be read by anyone interested in understanding how Big Copyright managed to get such a lethal grip on our culture and what can be done to loosen it.

The Cambridge Handbook of Copyright Limitations and Exceptions

The Cambridge Handbook of Copyright Limitations and Exceptions

Author: Shyamkrishna Balganesh

Publisher: Cambridge University Press

ISBN: 9781108670876

Category: Law

Page:

View: 841

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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 Routledge Handbook of EU Copyright Law

The Routledge Handbook of EU Copyright Law

Author: Eleonora Rosati

Publisher: Routledge

ISBN: 9781000364088

Category: Law

Page: 550

View: 900

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The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: on the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, the copyright framework of individual EU Member States. This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.

Multi-sided Music Platforms and the Law

Multi-sided Music Platforms and the Law

Author: Chijioke Ifeoma Okorie

Publisher: Taylor & Francis

ISBN: 9780429639838

Category: Law

Page: 308

View: 214

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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. .

Making Copyright Work for the Asian Pacific

Making Copyright Work for the Asian Pacific

Author: Susan Corbett

Publisher: ANU Press

ISBN: 9781760462390

Category: Law

Page: 313

View: 823

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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.

Is Intellectual Property Pluralism Functional?

Is Intellectual Property Pluralism Functional?

Author: Susy Frankel

Publisher: Edward Elgar Publishing

ISBN: 9781788977999

Category: LAW

Page: 496

View: 985

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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.

Patent Law and Women

Patent Law and Women

Author: Jessica C. Lai

Publisher: Routledge

ISBN: 9781000449778

Category: Law

Page: 210

View: 752

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This book analyses the gendered nature of patent law and the knowledge governance system it supports. The vast majority of patented inventions are attributed to male inventors. While this has resulted in arguments that there are not enough women working in science, technology, engineering and mathematics, this book maintains that the issue lies with the very nature of patent law and how it governs knowledge. The reason why fewer women patent than men is that patent law and the knowledge governance system it supports are gendered. This book deconstructs patent law to reveal the multiple gendered binaries it embodies, and how these in turn reflect gendered understandings of what constitutes science and an invention, and a scientist and an inventor. Revealing the inherent biases of the patent system, as well as its reliance on an idea of the public domain, the book argues that an egalitarian knowledge governance system must go beyond socialised binaries to better govern knowledge creation, dissemination and maintenance. This book will appeal to scholars and policymakers in the field of patent law, as well as those in law and other disciplines with interests in law, gender and technology.