Download or read book Re Introducing Formalities in Copyright as a Strategy for the Public Domain written by Severine Dusollier and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many voices have been recently heard in favor of the reintroduction of formalities in copyright law, in order to counteract the rapid expansion of copyright protection and the ensuing diminishing of the public domain. Formalities have been considered as a way to limit the automatic granting of copyright, to shorten its duration or to make its enforcement less easy. This paper examines the relevance of a possible reintroduction of formalities for the enhancement and safeguarding of the public domain. It first considers the formalities the introduction of which (or reintroduction in some countries) has been proposed, under two lenses: their validity under the Berne Convention, and their relevance to promote the public domain. It concludes that formalities based on a registration or renewal process have the effect to grant protection to works considered by their copyright owner to have some market potential. Thereby, it espouses a peculiar view of copyright where protection would only be granted to those works with a commercial value. In that narrative, works with no interest to the public - or at least none recognized by the market - will fall into the public domain. Is this really the kind of public domain that we would like to build? More relevant to enhance public availability of works would be to impose some publicity to the transfer of the copyright title, for instance through recordation in public registers, as well as formalities conditioning additional protections of copyright, such as protection against the circumvention of technological measures. As an overall conclusion, this paper argues for the retention of some formalities and explains their potential for enhancing access to and dissemination of knowledge without impairing authors' rights. Formalities might have another effect on the public domain, if conceived differently. Indeed, formalities could be imposed to secure the relinquishment of one's work into the public domain as an opt-out mechanism. Such system of reverse formalities would remove the existing uncertainties, at least in countries with a moral right, about the possibility to give up copyright in a work. It would also guarantee the public domain status of a work for potential users.
Download or read book Formalities in Copyright Law written by Stef van Gompel and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines whether reintroducing copyright formalities is legally feasible. Based on a comprehensive and thorough analysis of copyright formalities, it sets out to establish the extent to which the current copyright system allows for their reintroduction. To this end, the author describes the role and functions of formalities, revisits the history of formalities at the national and international levels, examines the scope of the international prohibition on formalities, and scrutinizes the rationales behind this prohibition, including an in-depth examination of the validity of the argument that copyright is a 'natural right' and therefore should be protected independently of formalities. The author skilfully evaluates and contrasts the conflicting theories according to which formalities, on the one hand, add legal certainty to claims on the ownership of property, and, on the other, hamper individual authors from seeking adequate protection for their works. This book makes an important contribution to legal science by answering questions that so far have been neglected or only marginally addressed. To the degree that current copyright law permits reintroducing formalities, the author posits the specifications that will determine to a great extent what role and functions they may eventually fulfil: depending on the aims to be achieved, lawmakers must choose which types of formalities shall be imposed, and what their legal consequences shall be. This book goes a long way towards reinforcing the foundation for those decisions.
Download or read book The Public Domain written by Stephen Fishman and published by NOLO. This book was released on 2000 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how to find and use creative works without permission or fees, describing how to recognize whether or not a work is in the public domain.
Download or read book Constructing European Intellectual Property written by Christophe Geiger and published by Edward Elgar Publishing. This book was released on 2013 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'It is no longer possible to practice, teach, or study purely domestic intellectual property law within Europe. European intellectual property norms now structure protection throughout the continent (and even beyond). Paradoxically, what might seem as a simplification of legal rules has created a maze of new complexities substantive, institutional and methodological. This collection by some of the leading scholars in European IP manages to capture that complexity without sacrificing clarity. Canvassing the entire field with a rich array of contributions, the book both highlights the roots of European IP law and asks important fundamental questions about where it is going. One can only hope that it is read by anyone with a hand in the future development of European IP law.' Graeme B. Dinwoodie, University of Oxford, UK 'Christophe Geiger has put together a very fine collection of essays by many of the very best scholars in European intellectual property law. The essays explore the basis, extent, as well as the successes and failings of regional harmonization of trade marks, geographical indications, copyright, designs, patents and remedies. The celebrated cast of authors naturally discuss, in addition to the various directives and regulations on each topic, the Treaty provisions on exhaustion of rights and competition (and their interpretation), relevant provisions on legislative competence, Article 17(2) of the Charter, other fundamental rights, and the growing case law of the Court of Justice. There is essential material here for anyone interested in European intellectual property law, as well as ideas for the improvement and further development of European IP law.' Lionel Bently, University of Cambridge, UK Constructing European Intellectual Property offers a comprehensive assessment of the current state of intellectual property legislation in Europe and gives direction on how an improved system might be achieved. This detailed study presents various perspectives on what further actions are necessary to provide the circumstances and tools for the construction of a truly balanced European intellectual property system. The book takes as its starting point that the ultimate aim of such a system should be to ensure sustainable and innovation-based economic growth while enhancing free circulation of ideas and cultural expressions. Being the first in the European Intellectual Property Institutes Network (EIPIN) series, this book lays down some concrete foundations for a deeper understanding of European intellectual property law and its complex interplay with other fields of jurisprudence as well as its impact on a broad array of spheres of social interaction. In so doing, it provides a well needed platform for further research. Academics, policymakers, lawyers and many others concerned with establishment of a regulatory framework for intangibles in the EU will benefit from the extensive and thoughtful discussion presented in this work.
Download or read book Comparative Analysis of National Approaches on Voluntary Copyright Relinquishment written by World Intellectual Property Organization and published by WIPO. This book was released on 2016-11-24 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report is divided into three main sections. First, the report looks at copyright relinquishment in the context of current copyright law and doctrine, including issues such as the nature of protection, irrevocability and moral rights. The second section of the report is a survey of national legislation and jurisprudence on the subject. Finally, the report considers practical issues surrounding public domain dedications by looking at examples of institutions and individuals who might be interested in donating their copyright.
Download or read book Copyright in the Age of Online Access written by João Pedro Quintais and published by Kluwer Law International B.V.. This book was released on 2017-05-15 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: " In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the urgent need to study pragmatic legal solutions that enable Internet users to access works in the digital environment, while assuring remuneration to rights holders and promoting the development of the information society. This study examines legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals. It investigates whether and to what extent these schemes (referred to as alternative compensation systems) are admissible under EU copyright law and consistent with its objectives, responding to such questions as the following in depth: - What existing copyright schemes provide an alternative to the exclusive right in copyright law? - What online rights apply to the activities of Internet users? - What types of models exist for the legalisation of online use of copyright works? - How can the public interest shape the scope of protection of copyright? - Can and should we legalise non-commercial file sharing and online use in EU copyright law? The book carefully examines these questions in light of EU primary law, relevant directives (with a focus on the InfoSoc Directive), case law (especially that of the CJEU), and legal literature in the field of copyright. The analysis culminates with a proposed blueprint for a compensated limitation for non-commercial individual use that is consistent with EU copyright law. As a thoroughly researched and balanced response to the urgent need to rethink EU copyright law in light of its lack of social acceptance and technological adequacy, this book will be of inestimable value to lawyers, policymakers, and scholars in the field, as well as to interest groups involved in discussions for reform and modernisation of EU digital copyright law. "
Download or read book Open Content Licensing written by Lucie Guibault and published by Amsterdam University Press. This book was released on 2011 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although open content licenses only account for a fraction of all copyright licenses currently enforced in the world, their introduction has had profound effects on the use and dissemination of information. This book explores the theoretical underpinnings of these licenses and offers insight on the practical advantages and inconveniences of their use. The essays collected here include an objective study of the principles of open content from the perspective of European intellectual property law as well as novel examinations of their possible implementation in different areas of the cultural or information industry.
Download or read book Getting Permission written by Richard Stim and published by NOLO. This book was released on 2004 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed advice (and plenty of sample forms, worksheets and agreements) on everything from getting a business started to kicking out an unwanted partner later. - Los Angeles Times - It is the most definitive, complete and current do-it-yourself patent book ever written and it is written in easy-to-understand laymen's terms. - Mary Bellis, Inventor's Guide at About.com - Every step of the patent process is presented in order in this gem of a book, complete with official forms - San Francisco Chronicle - David Pressman is a practicing patent attorney, a former patent examiner, and the author of Patent It Yourself. His book is easy to understand and can save thousands of dollars by writing your own patent application, or by writing much of it, and having a patent agent or attorney edit and write the claims section. - Jack Lander, The Inventor's Bookstore - Like all law, [patent law] is pretty complex stuff. This clearly written guide will help minimize legal fees by preparing you to do what you can for yourself.- Mike Maza, Dallas Morning News - The book presents complicated procedures in easily digested chunks, with anecdotes, forms and plenty of old-fashioned good advice - The Denver Post - The most complete and authoritative work on patents and inventions for laypersons - InventNet - Contains all necessary forms and instructions plus advice on marketing your invention. - Money Magazine - The best roll-up-your-sleeves guide for filers who don't want to pay a ransom. - Inc.- Patent It Yourself is a top-notch reference for patent and trademark information. - San Francisco Examiner
Download or read book Scoping Study on Copyright and Related Rights and the Public Domain written by World Intellectual Property Organization and published by WIPO. This book was released on 2016-11-28 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study assesses the scope of the public domain, as defined by copyright laws, history and philosophy, before turning to the issue of its effectiveness and greater availability to the public and society at large.
Download or read book Can Formalities Save the Public Domain Reconsidering Formalities for the 2010s written by Niva Elkin-Koren and published by . This book was released on 2014 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of the recent calls to reintroduce formalities in copyright, have focused on its potential for restoring and enhancing the public domain. Formalities advocates claim that shifting back to an opt-in regime, where copyright protection is contingent upon satisfying certain formalities, would increase the number of works in which copyright is not affirmatively claimed. This position overlooks, however, the way our creative landscape has been shaken by the digital revolution. Digital technology has transformed the way we create, share, and enjoy cultural works, bringing users to the forefront of creative processes and facilitating new types of collaborative production. The rise of online intermediaries and the growing role of online platforms are also shaping the way we generate, share, and use copyrighted materials. These transformations are not only changing the economics of the cultural environment, they are also affecting political rights, social structures, access to knowledge, and freedom. Paying more attention to the potential effect of formalities on user-generated content (“UGC”), collaborative production, and the role of mega-platforms in implementing a formalities regime might help us imagine the possibilities and risks in the digital ecosystem and design the legal tools that are necessary to align the law with the digital era.The Article revisits some of the arguments supporting formalities as a vehicle for promoting the public domain in the 2010s, and offers some insights on the policy implications.
Download or read book Finding the Public Domain Copyright Review Management System Toolkit written by Melissa Levine and published by University of Michigan Library. This book was released on 2016-05-26 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Copyright is meant to do something-several things-to accomplish socially desirable ends. One of those ends is to create a space for a free exchange of ideas that allows us to build upon a universe of expression that came before. How can I tell if something is in the public domain? This is the central question addressed daily by the Copyright Review Management System (CRMS) project. It is a special question and one essential to the social bargain that society has struck with authors and rights holders. It is also a deceptively simple question. There should be a straightforward answer, especially for books. It should be easy to know when something is-or is not-subject to copyright. And yet, in an age of absolute fluidity of media and medium, even plain old books can be highly complex embodiments of copyright. We need to make it easier to ascertain whether a work is in the public domain. If the rights of copyright holders are to be respected and valued as part of the social bargain, the public domain as a matter of copyright law should be ascertainable and enjoyed. Given this complexity, consider the determination of the copyright status of a given creative work as a design problem. How do we move the copyright status of works in the collections of our libraries, museums, and archives from confusion and uncertainty to clarity and opportunity? Working over a span of nearly eight years, the University of Michigan Library received three grants from the Institute of Museum and Library Services (IMLS) to generously fund CRMS, a cooperative effort by partner research libraries to identify books in the public domain in HathiTrust. The Toolkit is a resource that aims to allow others to understand and replicate the work done by CRMS.
Download or read book Copyright Formalities in the Internet Age written by Stef van Gompel and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines how copyright formalities may aid in addressing the objectives of enhancing the free flow of information by enlarging the public domain and facilitating the licensing of copyright protected materials. For this purpose, it maps the different objectives for reintroducing copyright formalities and provides a brief overview of the types of formalities that might be imposed, including the legal consequences that can be attached to them. The article then explores in more detail which formalities, in what way, can assist in accomplishing the specific objectives of enriching the public domain and facilitating rights clearance. It concludes with a synthesis of the main findings.
Download or read book A Copyright Gambit written by Sunimal Mendis and published by Springer. This book was released on 2020-08-15 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: European memory institutions are repositories of a wealth of rare documents that record public domain content. These documents are often stored in ‘dark-archives’ to which members of the public are granted limited access, resulting in the public domain content recorded therein being relegated to a form of ‘forgotten-knowledge’. Digitisation offers a means by which such public domain content can be made speedily and easily accessible to users around the world. For this reason, it has been hailed as the harbinger of a new ‘digital renaissance’. This book examines the topical issue of the need to preserve exclusivity over digitised versions of rare documents recording public domain content. Based on data gathered through an empirical survey of digitisation projects undertaken by fourteen memory institutions in five European Union Member States, it argues for the introduction of exclusive rights in digitised versions of rare documents recording public domain textual content as a means of incentivising private-sector investment in the digitisation process. It concludes by presenting a detailed proposal for a European Union Regulation that would grant memory institutions a limited-term related right in digitised versions of rare documents held in their collections subject to stringent exceptions and limitations that are designed to safeguard user interests.
Download or read book Using Inventions in the Public Domain written by World Intellectual Property Organization and published by WIPO. This book was released on 2020-06-22 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide is designed to help researchers, inventors and entrepreneurs gain access to and use technology and business information and knowledge in the public domain, for the development of new innovative products and services in their own country. The focus of the guide is on information and technology disclosed in patent documents. Designed for self-study, the guide provides easy-to follow training modules that include teaching examples and other useful practical tools and resources.
Download or read book Copyright for Librarians written by Harvard University. Berkman Center for Internet & Society and published by . This book was released on 2012 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Re-designed as a textbook, "Copyright for Librarians: the essential handbook" can be used as a stand-alone resource or as an adjunct to the online curriculum. With a new index and a handy Glossary, it is essential reading for librarians and for anyone learning about or teaching copyright law in the information field."--Publisher's website.
Download or read book Shamans Software and Spleens written by James BOYLE and published by Harvard University Press. This book was released on 2009-06-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shamans, Software and Spleens presents a look at the tricky problems posed by the information society. Boyle's book discusses topics ranging from blackmail and insider trading to artificial intelligence, microeconomics and cultural studies.
Download or read book Copyright and Cultural Institutions written by Peter B. Hirtle and published by Cornell University Libraries, Department of Manuscripts & University Archives. This book was released on 2009 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guidebook for digitization of American libraries, archives and museums focusing on copyright issues.
