Upphovsrätt
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Boken kom ut första gången 2009 - mitt i den hårda debatten om fildelningen. Gratistittandet, gratislyssnandet, gratisläsandet som skulle ta ifrån alla författare, regissörer, och musiker deras inkomster eller var den en enorm frihetsrörelse?
Piraterna: Den sanna historien om Pirate Bay av Anders Rydell och Sam Sundberg är ständigt aktuell, men speciellt nu i höst då SVT:s serie The Pirate Bay har premiär - den sanna historien om grabbarna som ville befria kulturen.
Boken är en minutiös och noggrann berättelse om världens mest uppmärksammade piratrörelse. Det är också historien om dess fiender och om en upphovsrätt under attack. Pirate Bay, Piratpartiet och Piratbyrån befinner sig i främsta ledet av en global folkrörelse: alla de miljoner människor som fildelar.
För vissa är piraterna hjältar, för andra är de terrorister som hotar att rasera hela musik- och filmbranschen.
I detta djuplodande reportage får läsaren lära känna piraterna hur de lever, hur de tänker och vad som driver dem. Går det att stoppa dem, eller har illegal fildelning blivit så accepterat att det redan är för sent? Oavsett vad man tycker om den olagliga fildelningen så har den kommit att bli tjugohundratalets viktigaste svenska kulturexport.
"Boken är till för den som är intresserad av historiken och debatten kring upphovsrätt. Men den står också på egna ben som en utmärkt och spännande berättelse om hur en aktivism formas av vanliga människor utan politisk eller juridisk bakgrund och blir fronten för en internationell rörelse." BTJ-häftet nr 24, 2024, Nina Moritz
125 kr
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624 kr
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Within most libraries in the United States today there is an information professional who has become the 'go-to' person for grasping and grappling with copyright questions. While not an attorney, this librarian has developed an awareness and understanding of copyright law, legislation and practice as they relate to a wide variety of library activities.
This practical handbook provides a broad overview of copyright librarianship. It is written for information professionals whose area of expertise, specialization or job it is to inform and educate others about the ethical use and best practices surrounding copyrighted materials It is written about the person with solid analytical skills and the ability to adapt and adjust in a rapidly changing environment; someone who can serve as an intermediary between information producers and consumers; someone who is knowledgeable about the law and providing access to information; someone who is well positioned within an organization to answer questions about copyright and provide reliable, accurate, and relevant answers, information, assistance, and guidance when needed. In short: a copyright librarian.
Thorough and up-to-date look at an emerging field of specialization within libraries Provides an overview of job opportunities available and how to prepare for these jobs Presents a range of useful current awareness and professional development resources and tools for the new, prospective, and working professional Addresses common misperceptions about copyright librarians
Free Ride
How the Internet is Destroying the Culture Business and How it Can Fight Back
Häftad, Engelska, 2012
106 kr
Skickas inom 11-20 vardagar
'Information wants to be free' says influential technologist Stewart Brand at a 1984 hacker convention. These words became the mantra that shaped the Internet, and the conflict he predicted has led to a revolution in the way that our culture is funded and consumed. We have come to demand free content online, mistaking the packaging of physical products for what we were actually paying for- the creative content. Newspapers are being pressurised to give their content away for free online; music sales have plummeted due to piracy; and Amazon is using its market power to drive down the price of ebooks.Technology companies are making millions from content created and funded by others, reducing the value of culture in the process. How did the media industry lose control over its destiny? What are the consequences? And are we headed for cultural meltdown if the media can't stop the free ride?
2 073 kr
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International Copyright: Principles, Law, and Practice surveys and analyzes the legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. It provides a step-by-step methodology for advising clients involved in exploiting creative works in or from foreign countries. Written by two of the most esteemed experts of copyright law in the United States and Europe, this volume is a unique synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, the ongoing harmonization of copyright in the European Union, and the impact of the Internet. National copyright rules on protectible subject matter, ownership, term, and rights are covered in detail and compared from country to country, as are topics on moral rights and neighboring rights. Separate sections cover such important topics as territoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms.
418 kr
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The names of James Joyce and Ezra Pound ring out in the annals of literary modernism, but few recognize the name of Samuel Roth. A brash, business-savvy entrepreneur, Roth made a name--and a profit--for himself as the founding editor and owner of magazines that published selections from foreign writings--especially the risqué parts--without permission. When he reprinted segments of James Joyce's epochal novel Ulysses, the author took him to court.Without Copyrights tells the story of how the clashes between authors, publishers, and literary "pirates" influenced both American copyright law and literature itself. From its inception in 1790, American copyright law offered no or less-than-perfect protection for works published abroad--to the fury of Charles Dickens, among others, who sometimes received no money from vast sales in the United States. American publishers avoided ruinous competition with each other through "courtesy of the trade," a code of etiquette that gave informal, exclusive rights to the first house to announce plans to issue an uncopyrighted foreign work. The climate of trade courtesy, lawful piracy, and the burdensome rules of American copyright law profoundly affected transatlantic writers in the twentieth century. Drawing on previously unknown legal archives, Robert Spoo recounts efforts by James Joyce, Ezra Pound, Bennett Cerf--the founder of Random House--and others to crush piracy, reform U.S. copyright law, and define the public domain.Featuring a colorful cast of characters made up of frustrated authors, anxious publishers, and willful pirates, Spoo provides an engaging history of the American public domain, a commons shaped by custom as much as by law, and of piracy's complex role in the culture of creativity.
3 569 kr
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While intellectual property rights are mostly studied in isolation, in practice the legal categories created to protect these rights provide only partial legal coverage of the broader context in which such rights are created, used, and enforced. Consequently, often multiple IP rights overlap with respect to the same underlying subject matter. This book enables readers to consider how these overlapping rights work together, facilitating a deeper understanding of how and when they may be encountered in practice. Each chapter addresses a discrete pair of IP rights and uses a hypothetical scenario to analyse particular conceptual and practical issues, giving practitioners a comprehensive understanding of the overlap. While the focus of these IP rights is on UK, US and European law, the book also contains comparison tables of overlapping IP rights in other countries around the world. These tables complement the chapters, offering a detailed overview as to how these overlaps apply in different legal jurisdictions, as well as how they differ.
Developments and Directions in Intellectual Property Law
20 Years of The IPKat
Inbunden, Engelska, 2023
1 783 kr
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Developments and Directions in Intellectual Property Law celebrates the 20th anniversary of award-winning intellectual property (IP) blog, The IPKat, originally founded in 2003. Over the past two decades, The IPKat has covered and commented on several of the most topical developments in the IP field from substantive, practical, and policy standpoints. Today, The IPKat is considered the “Most Popular Intellectual Property Law Blawg” of all time (source: Justia) and its readers are academics, members of the judiciary, policy and law-makers, practitioners, and students from all over the world. By bringing together several of the current and past contributors to The IPKat, this book reflects on the developments and directions that have emerged in the IP field over the past twenty years. Topics covered include changes within substantive IP rights, as well as IP law, policy, and practice broadly intended and from a global perspective. From copyright to trade marks, patents to designs, image and publicity rights to geographical indications, and developments in IP practice and the court system to contract drafting, readers of this book will find expert insights into some of the most notable developments in IP since the inception of The IPKat blog.
599 kr
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Developments and Directions in Intellectual Property Law celebrates the 20th anniversary of award-winning intellectual property (IP) blog, The IPKat, originally founded in 2003. Over the past two decades, The IPKat has covered and commented on several of the most topical developments in the IP field from substantive, practical, and policy standpoints. Today, The IPKat is considered the “Most Popular Intellectual Property Law Blawg” of all time (source: Justia) and its readers are academics, members of the judiciary, policy and law-makers, practitioners, and students from all over the world. By bringing together several of the current and past contributors to The IPKat, this book reflects on the developments and directions that have emerged in the IP field over the past twenty years. Topics covered include changes within substantive IP rights, as well as IP law, policy, and practice broadly intended and from a global perspective. From copyright to trade marks, patents to designs, image and publicity rights to geographical indications, and developments in IP practice and the court system to contract drafting, readers of this book will find expert insights into some of the most notable developments in IP since the inception of The IPKat blog.
1 280 kr
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The Development Agenda is the result of the recent campaign to ensure that the intellectual property treaty regime permits -- and, indeed, empowers -- developing countries to tailor their intellectual property laws as they deem necessary to promote development and serve the welfare of their citizens. The Agenda's adoption by the World Intellectual Property Organization (WIPO) in September 2007 was an historic watershed for that UN agency, which has long viewed its mandate as the unabashed promotion of greater intellectual property rights throughout the world. Written by some of the world's leading IP scholars, Neil W. Netanel has edited this compilation of articles in order to examine the Development Agenda and the broader issues it touches upon. Contributors include leading scholars from various disciplines, including economics, political science, and law, and from countries at various stages of development, including China, India, Brazil, Argentina, Chile, Nigeria, Egypt, and Israel, in addition to the US, Canada, and EU. They also include experts from NGO-think tanks, UNCTAD, and the two Brazilian diplomats who were the leading advocates of the Development Agenda's adoption.
2 819 kr
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Publishing continues to be a major industry worldwide, and this book is designed to assist the thousands of entities that regularly contract into a variety of agreements and need advice in drafting or negotiating the best terms for a deal, or otherwise employing or understanding specific terms used. This book-written and compiled by the in-house counsel of a major publishing house-offers more than 80 forms and templates of all of the major agreements regularly encountered by a publishing company, with strategic commentary on their use. Topics covered include book publishing, periodical publishing, electronic publishing, litigation/litigation avoidance, e-commerce and permissions/subsidiary rights. Each chapter begins with introductory text setting forth key issues and other insights, and then presents the related forms, which in turn are accompanied by drafting and negotiating tips. An accompanying CD-ROM to the book contains all of the forms in electronic format, which can easily be modified for the customer's use.
2 183 kr
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The GDP of the United Arab Emirate's (UAE) economy is reported to have grown 35% in 2006, making it one of the fastest growing economies in the world. This has attracted unprecedented levels of foreign investment, which has resulted in efforts to bring its intellectual property laws into line with international standards. However, reliable copies of the IP laws and regulations of the UAE (which are written in Arabic) can be difficult to obtain, much less understand, for most Western attorneys. Quality English translations, interpretations of the law, and commentaries on practice are almost non-existent. Intellectual Property Law and Practice of the United Arab Emirates is the first book to address these problems by providing reliable copies of the Arabic laws and regulations, intelligent translations of them, and a discussion of issues arising in the application and practice of the law. This book will give practitioners the ability to better assess the IP problems they face and to devise the best possible strategic solutions.
99 kr
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We all create intellectual property. We all use intellectual property. Intellectual property is the most pervasive yet least understood way we regulate expression. Despite its importance to so many aspects of the global economy and daily life, intellectual property policy remains a confusing and arcane subject. This engaging book clarifies both the basic terms and the major conflicts surrounding these fascinating areas of law, offering a layman's introduction to copyright, patents, trademarks, and other forms of knowledge falling under the purview of intellectual property rights. Using vivid examples, noted media expert Siva Vaidhyanathan illustrates the powers and limits of intellectual property, distilling with grace and wit the complex tangle of laws, policies, and values governing the dissemination of ideas, expressions, inventions, creativity, and data collection in the modern world.Vaidhyanathan explains that intellectual property exists as it does because powerful interests want it to exist. The strongest economies in the world have a keen interest in embedding rigid methods of control and enforcement over emerging economies to preserve the huge economic interests linked to their copyright industries-film, music, software, and publishing. For this reason, the fight over the global standardization of intellectual property has become one of the most important sites of tension in North-South global relations. Through compelling case studies, including those of Starbucks, Coca-Cola, Sony, Amazon, and Google Books, Vaidhyanathan shows that the modern intellectual property systems reflect three centuries of changes in politics, economics, technologies, and social values. Although it emerged from a desire to foster creativity while simultaneously protecting it, intellectual property today has fundamentally shifted to a political dimension.
413 kr
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Metaphors, moral panics, folk devils, Jack Valenti, Joseph Schumpeter, John Maynard Keynes, predictable irrationality, and free market fundamentalism are a few of the topics covered in this lively, unflinching examination of the Copyright Wars: the pitched battles over new technology, business models, and most of all, consumers.In Moral Panics and the Copyright Wars, William Patry lays bare how we got to where we are: a bloated, punitive legal regime that has strayed far from its modest, but important roots. Patry demonstrates how copyright is a utilitarian government program - not a property or moral right. As a government program, copyright must be regulated and held accountable to ensure it is serving its public purpose. Just as Wall Street must serve Main Street, neither can copyright be left to a Reaganite "magic of the market." The way we have come to talk about copyright - metaphoric language demonizing everyone involved - has led to bad business and bad policy decisions. Unless we recognize that the debates over copyright are debates over business models, we will never be able to make the correct business and policy decisions. A centrist and believer is appropriately balanced copyright laws, Patry concludes that calls for strong copyright laws, just like calls for weak copyright laws, miss the point entirely: the only laws we need are effective laws, laws that further the purpose of encouraging the creation of new works and learning. Our current regime, unfortunately, creates too many bad incentives, leading to bad conduct. Just as President Obama has called for re-tooling and re-imagining the auto industry, Patry calls for a remaking of our copyright laws so that they may once again be respected.
430 kr
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International Copyright surveys and analyzes the legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. It provides a step-by-step methodology for advising clients involved in exploiting creative works in or from foreign countries. Written by two of the most esteemed experts of copyright law in the United States and Europe, this volume is a unique synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, the ongoing harmonization of copyright in the European Union, and the impact of the Internet. National copyright rules on protectible subject matter, ownership, term, and rights are covered in detail and compared from country to country, as are topics on moral rights and neighboring rights. Separate sections cover such important topics as territoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms.
The Law of Copyright and the Internet
The 1996 WIPO Treaties, their Interpretation and Implementation
Inbunden, Engelska, 2002
4 460 kr
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This work provides detailed coverage of the current state of international treaty law in respect of copyright issues relating to the Internet and E-commerce. The centre-piece of the book is an article-by-article analysis of the two key World Intellectual Property Organisation (WIPO) treaties tackling the subject: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, both negotiated primarily as a response to technological developments such as the Internet. It also includes detailed comparative material showing how the WIPO treaties are being implemented elsewhere in the world, and in particular how the EU, Japan and the US are responding to these key issues. This includes analysis of the key EU Directive on Copyright and Related Rights in the Information Society, which is intended to roll out protection across Europe for copyright holders operating in the digital arena.
2 498 kr
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Up to date and informative, the Yearbook of Copyright and Media Law is now well-established as a key source of information and analysis for all copyright, media and entertainment law professionals. It is is designed to respond to practical developments and problem areas such as the Internet and Multimedia while also making a serious contribution to copyright and media law as a legal discipline. The central feature of the Yearbook is the range of annual surveys prepared by expert practising lawyers. Covering all issues from copyright, trademarks, licensing societies and new technology to libel, contempt of court and music contracts, the surveys contain considered and thorough analysis of the most recent developments in the UK, the EC, and beyond. The special survey in this yearbook focuses on definitions of film and there are in-depth articles on subjects of particular topicality such as the Microsoft judgment and the impact of The Human Rights Act and the Data Protection Act.
1 344 kr
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The new edition of a well-established text, A Practical Guide to Trade Mark Law provides a comprehensive, digestible and approachable introduction to trade mark law, explaining the technicalities of the law in plain, accessible language.While the focus of the book is primarily on UK law, it also deals with the acquisition and protection of EUTrade Marks, and procedure at OHIM, drawing comparisons between trade marks in the UK, and EU Trade Marks where appropriate.The book remains highly practical throughout, comprising discussion on topics such as the absolute and relative tests for registrability, registration practice and procedure, revocation, assignment and licensing, as well as complete coverage of the law on infringement, passing off and remedies.
1 783 kr
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Although the law on infringement is relatively straightforward in relation to thecopying of literal and textual elements of software, it is the copying of non-literaland functional elements that poses complex and topical questions in the contextof intellectual property (IP) protection. In many cases, it is these non-literal andfunctional elements that contain the real value of a software product. This bookconcerns the copying of non-literal and functional elements of software in boththe United States and European Union, using a holistic approach to address themost topical questions facing experts concerned with legal protection of softwareproducts across a range of technological platforms.The book focuses on six distinct but interrelated areas: contract, copyright, patents,trade-dress, designs and trade secrets, discussing these areas separately and inrelation to one another. The book discusses software as a multilayered functionalproduct, setting the scene for other legal discussions by highlighting software'sunique characteristics. It examines models for the provision of software, addressinglicensing patterns and overall enforceability, as well as the statutory and judicialtools for regulating the use of such licences. It assesses the protection of non-literaland functional software elements under EU and US laws, focusing on internalarchitecture, interfaces, behavioural elements and GUIs.
1 489 kr
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Intellectual property has traditionally been a matter for the legal professions, but with the shift to evidence-based policy, the global economic upheaval, and the advent of the digital age, intellectual property is increasingly informed by economic perspectives.This book is a comprehensive, critical analysis of economic interpretations of intellectual property, written for researchers, practitioners and policymakers. It analyses the interface between economics, finance, accountancy and intellectual property law. Commencing with a critical analysis of the economics of innovation, law, industrial organisation and welfare, the book then critiques the economics of specific intellectual property rights, including copyright, patents, trade marks, geographical indications and design rights. It further assesses the interaction between economics, IP and competition. Finally, it examines why, when and how IP generates value, reviewing contemporary approaches to valuation and accounting, and the emerging use of IP to facilitate business finance.This analytical text offers readers a better understanding of IP's contribution to macro- and microeconomics, as well as insights that inform the debate on evidence-based IP policy.
1 697 kr
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This is the first book to offer an in-depth investigation of the unsettled nature, scope and dynamics of copyright user rights in an increasingly dematerialized environment. Combining a detailed theoretical framework with practical applications, the book provides a comprehensive perspective on copyright user rights, exploring the nature of commercial copies of copyright works, of exceptions to copyright infringement, and how they are shaped to a large extent by traditional concepts of private law (e.g. property, goods, services, sales, and licences). Using property and contract law and theory, it addresses the competing interests of copyright holders and users in the same object, and points out the double standards in how the rights of copyright holders and copyright users are dealt with. It argues that the property component of user rights has been largely neglected and needs to be brought to the fore, to give the protection that users deserve, without neglecting the rights users should have as they increasingly experience copyright works through services. With the onset of an increasingly digital age, it emphasises how traditional concepts of private law need to adapt for adequately dealing with the dematerialization of copies of copyright works and user rights. It proposes a clearer view on the justification and nature of user rights, with possible gradations of powers for users, and suggests how courts and legislatures may address contract terms that weaken user rights. This book provides vital tools for law- and policy-makers worldwide who seek to achieve the proper balance between the competing rights and interests of copyright holders, copyright users, and the public domain.
1 105 kr
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People engage with authored works all the time. They buy paintings, read books, and download songs. They might even be artists themselves. And yet they tend to take the concept of authorship for granted. The basic idea that an artist as author maintains some kind of claim to his or her creation, even as it circulates in the world at large, seems natural. It is the basis for copyright law and moral rights legislation which protect the rights of authors. But what is an author, and why do artists receive special legal recognition and protection that the creators of other kinds of artifacts do not? It is often assumed that artists have a special bond with their artworks, but the nature of this bond, and its function as the source of an artist's authority over his or her work, often goes unquestioned.Art and Authority is a philosophical essay on artistic freedom: its sources, nature, and limits. Artistic freedom can mean different things depending on the context in which it is invoked. K. E. Gover argues that the most fundamental form of artistic freedom involves the artist's authority to accept or disavow the works that he or she produces, to curate the works that bear his or her name, and that represent his or her artistic oeuvre. Our very concept of what an artwork isthe intentional expression of the artist, for its own sakedepends on this second-order endorsement by the artist of what he or she has made. Using real-world cases and controversies in contemporary visual art, Gover argues that the leading accounts of artistic authorship in the legal and philosophical literature have overlooked the significance of this moment.
The Moral Rights of Authors and Artists
From the Birth of Copyright to the Age of Artificial Intelligence
Inbunden, Engelska, 2025
1 565 kr
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Moral rights are held by authors and artists under copyright laws around the world and serve to recognize their role and rights as creators. In the technological context, these rights have acquired a new importance. Moral rights respond to a growing public need for the integrity of knowledge, while providing much-needed support in the struggle against copyright piracy. Crucially, they affirm the basic human dignity of authors and artists everywhere. They offer the potential for new approaches to copyright conflicts - for harmonizing public and private interests, commercial and cultural priorities, copyright and Copyleft, through a time-tested and universally relevant idea. Moral Rights of Authors and Artists: From the Birth of Copyright to the Age of Artificial Intelligence tells the story of moral rights as the idea developed through the ages, from their antecedents in Asia and Europe to their modern emergence in British and European copyright laws, and their recent, reluctant yet powerful acceptance in the United States. It paints an unparalleled comparative picture of copyright law, reaching from North America to Australia and New Zealand, India, Japan, Korea, and all across Continental Europe - drawn from the author's rich international experience, and her practical insights as an author and artist herself. Above all, this book explores the unprecedented relevance of moral rights in the age of artificial intelligence, where they can help to affirm the importance of human creativity at its most vulnerable. It is a powerful work of illumination and advocacy.
Defences to Copyright Infringement
Creativity, Innovation and Freedom on the Internet
Inbunden, Engelska, 2020
1 565 kr
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Defences to copyright infringement have gained increased significance over the past twenty years. The fourth industrial revolution emerged with the development of innovative copy-reliant services and business models, which have transformed the way in which copyright works can be used and re-used, spanning from digital learning methods, to mass digitization initiatives, media monitoring services, image transformation tools or content-mining technologies. The lawfulness and legitimacy of such innovative services and business methods, that arguably have the potential to enhance public welfare, is dubious and challenges copyright law. EU copyright contains diverse, yet specifically enumerated, narrowly drafted, and strictly interpreted defensive rules, often taking the form of the so-called exceptions and limitations to copyright. In addition, defendants may also deny liability by attacking one or more of the elements of infringement, by bringing forward for instance claims negating copyright subsistence or the scope of copyright protection. Because the fourth industrial revolution comes with the promise of innovation and business growth, which are stated objectives of EU copyright, it invites an examination of defensive rules as an organic whole.This book adopts such a holistic approach in its exploration of the limits of permissibility under EU copyright, including not only legislatively mentioned exceptions and limitations but also doctrinal principles and external to copyright rules with a view to unveil possible gaps and overlaps, offering a novel classification of defensive rules, and evaluating the adaptability of the law towards technological change. Discussing recent legislative developments, such as the provisions of the Digital Single Market Directive, and case law from the Court of Justice, and bringing insights from an extensive set of national laws and cases, this book tells the story of copyright from the perspective of copyright defences, offering both positivist and normative insights into law and doctrine and arguing towards a principle-based understanding of the scope of defences that could inform future law and policy making.
International Copyright and Neighbouring Rights
The Berne Convention and Beyond
Inbunden, Engelska, 2022
4 464 kr
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This comprehensive volume examines the international framework concerned with the protection of copyright and neighbouring rights. The focal point of this commentary is the Berne Convention for the Protection of Literary and Artistic Works 1886, which was last revised in 1971, but the treatment extends beyond to the related conventions that have grown out of, or are based on, Berne. These include; the WIPO Copyright Treaty 1996, the Rome Convention for the Protection of Phonogram Producers, Performers and Broadcasting Organizations 1961, the WIPO Performances and Phonograms Treaty 1996, and the 1994 Trade-Related Intellectual Property Rights Agreement (TRIPS Agreement) (an annexed agreement to the World Trade Organization). This edition also extends to conventions introduced since the publication of the previous edition, such as the Beijing Treaty on the Protection of Audiovisual Performances 2012, and the Marrakesh Treaty to Facilitate Access for Blind and Visually Impaired Readers 2013.The analysis in the commentary is thematic and grounded in the history and development of each of the treaties considered. While its primary focus is upon the way in which the obligations contained in these public law instruments are to be interpretated and applied in domestic law, it also addresses in some detail the private international law aspects of the protection of works and neighbouring rights.This new edition considers a number of developing areas, such as continuing work within the WIPO Standing Committee on Copyright and Related Rights on the matter of exceptions, limitations and the development of a new treaty on broadcasters, emerging discussions at both national and international levels about the matter of formalities, the beginnings of a movement in favour of broader protection of resale royalty rights, and more.
1 697 kr
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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.
1 359 kr
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The relevance of intellectual property law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, and information in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This book offers a comprehensive overview of the methods and approaches that could be used as guidelines to address and develop scholarly research questions related to intellectual property law. In particular, this volume aims to provide a useful resource that can be used by IP researchers who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. This edited collection is one of the largest compilations, to date, of existing methods and approaches from different lenses, perspectives, and experiences from a diverse group of scholars who derive from a wide range of countries, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors of the contributions, is a fundamental feature of this collection, which seeks to assist IP researchers across many countries in the developing and developed world. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
Characters Before Copyright
The Rise and Regulation of Fan Fiction in Eighteenth-Century Germany
Inbunden, Engelska, 2019
1 380 kr
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How did authors control the literary fates of fictional characters before the existence of copyright? Could a second author do anything with another author's character? Situated between the decline of the privilege system and the rise of copyright, literary borrowing in eighteenth-century Germany has long been considered unregulated. This book tells a different story. Characters before Copyright documents the surprisingly widespread eighteenth-century practice of writing fan fictionliterary works written by readers who appropriate preexisting characters invented by other authorsand reconstructs the contemporaneous debate about the literary phenomenon. Like fan fiction today, these texts took the form of sequels, prequels, and spinoffs. Analyzing the evolving reading, writing, and consumer habits of late-eighteenth-century Germany, Characters before Copyright identifies the social, economic, and aesthetic changes that fostered the rapid rise of fan fiction after 1750. Based on archival work and an ethnographic approach borrowed from legal anthropology, this book then uncovers the unwritten customary norms that governed the production of these works. Characters before Copyright thus reinterprets the eighteenth-century literary commons, arguing that what may appear to have been the free circulation of characters was actually circumscribed by an exacting set of rules and conditions. These norms translated into a unique type of literature that gave rise to remarkable forms of collaborative authorship and originality. Characters before Copyright provides a new perspective on the eighteenth-century book trade and the rise of intellectual property, reevaluating the concept of literary property, the history of moral rights, and the tradition of free culture.
2 536 kr
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To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.
2 785 kr
Skickas inom 5-8 vardagar
Ambush marketing is any attempt to create an unauthorised or false association with an event thereby interfering with the legitimate contractual rights of the event's official marketing partners. Looking at both traditional intellectual property rights (such as trade marks, copyright, and designs) as they relate to sporting events, and event-specific legislation (such as that of the Olympics and Commonwealth Games), this book gives comprehensive and detailed coverage of ambush marketing. Also considered are the areas of law which can be used to prevent ambush marketing by intrusion (such as laws to prevent fly postering, street trading, the placing of posters and billboards, and control of aerial space). The book addresses the law in the United Kingdom and the EU in detail, and provides substantial coverage of the laws in Australia, Canada, New Zealand, South Africa, and the United States. This new edition addresses the recent Birmingham Commonwealth Games Act 2020 as well as the major changes to the law in Australia with three new laws governing major events and Canada with its major overhaul of trade mark, design, and copyright law.