Download or read book The Quest for a Sound Conception of Copyright s Derivative Work Right written by Pamela Samuelson and published by . This book was released on 2014 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Copyright Act of 1976 confers on authors an exclusive right to prepare derivative works. It defines this term as “a work based upon one or more preexisting works,” giving nine examples to illustrate the concept and ending with “or any other form in which a work may be recast, transformed, or adapted.” This right has been unproblematic in cases involving the nine exemplary derivatives and close analogues, but highly problematic in some cases construing the last clause. This Article shows that the exclusive right to prepare derivative works is narrower in scope than critics have feared. The legislative history reveals that the definition was intended to clarify the scope of this right, which was accomplished through the nine examples, which have key characteristics in common, illustrating the types of derivatives meant to be covered by this right. To be consistent with the text of the statute, the legislative history, and the constitutional purpose of copyright, the derivative work should only be infringed under the last clause of the definition only if the plaintiff's claim involves one of the exemplary derivatives or close analogues. The Article also considers numerous provisions and doctrines of U.S. copyright law that limit the reach of the derivative work right, thereby promoting the constitutional purpose of copyright and policies favoring ongoing innovation and competition, free expression interests of subsequent authors, and privacy and autonomy interests of users. The Article considers a handful of derivative use cases that have given overbroad interpretations to the derivative work right and explains why these decisions are unsound.
Download or read book Copyright Law and Derivative Works written by Omri Rachum-Twaig and published by Routledge. This book was released on 2018-10-26 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Copyright law regulates creativity. It affects the way people create works of authorship ex-ante and affects the status of works of authorship significantly ex-post. But does copyright law really understand creativity? Should legal theories alone inform our regulation of the creative process? This book views copyright law as a law of creativity. It asks whether copyright law understands authorship as other creativity studies fields do. It considers whether copyright law should incorporate non-legal theories, and if so, how it should be adjusted in their light. For this purpose, the book focuses on one of the many rights that copyright law regulates – the right to make a derivative work. A work is considered derivative when it is based on one or more preexisting works. Today, the owner of a work of authorship has the exclusive right to make derivative works based on her original work or to allow others to do so. The book suggests a new way to think about both the right, the tension, and copyright law at large. It proposes relying on non-legal fields like cognitive psychology and genre theories, and offers new legal-theoretical justifications for the right to make derivative works. As the first book to consider the intersection between copyright law, creativity and derivative works, this will be a valuable resource for students, scholars, and practitioners interested in intellectual property and copyright law.
Download or read book Harvard Law Review Volume 128 Number 5 March 2015 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2015-03-10 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review, March 2015, is offered in a digital edition. Contents include: • Article, "Creating Around Copyright," Joseph P. Fishman • Book Review, "Growing Up Outside the Law," Stephen Lee • Book Review, "Property Is the New Privacy: The Coming Constitutional Revolution," Suzanna Sherry • Note, "Working Together for an Independent Expenditure: Candidate Assistance with Super PAC Fundraising" In addition, the issue features student commentary on Recent Cases and policy positions, including such subjects as: defining 'government instrumentality' under the Foreign Corrupt Practices Act, invalidation of New York soda-portion cap, whether the Federal Energy Regulatory Commission lacks jurisdiction over rates for nonconsumption of energy, standard of review for compelled disclosures under commercial speech doctrine, Alien Tort Statute claims against an Abu Ghraib contractor, preemption of local zoning ordinances banning hydrofracking, and the Department of Justice's new presumption of electronically recording custodial interviews. Finally, the issue features several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2500 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is March 2015, the fifth issue of academic year 2014-2015 (Volume 128). The digital edition features active Contents, linked notes, and proper ebook and Bluebook formatting.
Download or read book LAW OF COPYRIGHT written by DAS, JATINDRA KUMAR and published by PHI Learning Pvt. Ltd.. This book was released on 2021-02-01 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book attempts to critically analyse the cases on the law of copyright as well as statutory provisions of law of copyright. When the first edition of the book was published in 2015, there was no readable and dependable book for the general reader interested to be acquainted with the changing features of the law of copyright immediate after the enactment of the Copyright (Amendment) Act 2012. Since the publication of this book, the Finance Act 2017 has introduced Appellate Board in place of Copyright Board as well as the Supreme Court and High Courts in India have also delivered a large number of judicial decisions on the law of copyright. In this edition the author has surveyed all such Courts decisions and analysed them and inserted them in appropriate places of the book and also examined the impact of the Appellate Board. It presents not only the provisions of the Copyright Act 1957 in the form of a normative, but points out the changes made thereon by formal amendments as well as conflicts of law which have been settled by judicial interpretations. The book is divided into ten chapters. Chapter 1 is introductory, while Chapters 2 and 3 discuss the origin and development of law of copyright at international as well as national level. The most important debatable issue in copyright law is “works in which copyright subsists”, and the Chapter 4 is devoted to this aspect. Chapter 5 explores various issues relating to author of work, owner of copyright and recognised rights of copyright owner. The terms of copyright, licensing of copyright, international copyright and registration of copyright are the subject matter of Chapter 6, while rights of broadcasting organisation and of performers (neighbouring rights) are the subject matter of Chapter 7. Internet is the greatest communication medium of the contemporary era, and there is an inherent link between law of copyright and internet. Therefore, Chapter 8 is devoted to discuss various issues relating to “protection of copyright in internet.” While Chapter 9 demonstrates the law relating to infringement of copyright and defences of copyright liability. Chapter 10, the concluding chapter, discusses the enforcement of copyright in India in detail. Though the book is designed for the undergraduate and postgraduate students of Law, it will be equally beneficial for the researchers, academicians, jurists, lawyers, judges as well as members of civil society. TARGET AUDIENCE • Undergraduate and postgraduate students of Law. • Researchers, Academicians, Jurists, Lawyers, Judges as well as members of Civil Society.
Download or read book Copyright in a Global Information Economy written by Julie E. Cohen and published by Aspen Publishing. This book was released on 2019-10-30 with total page 1382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Copyright in a Global Information Economy, Fifth Edition provides both comprehensive topic coverage and integrated treatment of doctrinal, theoretical, international, and policy questions. It seamlessly facilitates a variety of teaching styles and preferences ranging from the more theoretical to the more practice-oriented. Each section includes practice exercises that enable students to apply what they have learned and to practice skills relating to advocacy, drafting, and client counseling. New to the Fifth Edition: Updated and streamlined introductory materials on copyright’s context and justifications Revised coverage of doctrines relating to authorship and copying in fact to emphasize problems that arise in organizational settings Coverage of the Music Modernization Act of 2018 and its implications for the specialized system of music copyright rules New case law on the extent of online service providers’ duty to maintain and implement procedures for terminating accounts of repeat infringers Coverage of the European Union’s Digital Single Market directive and its implications for online service provider obligations to copyright holders Revised coverage of materials relating to termination of transfers to reflect current controversies Professors and students will benefit from: Integrated treatment of doctrinal, theoretical, international, and policy questions Concise notes and questions that highlight the central problems in each topic area Multiple practice exercises in every chapter designed to enable both student review and practice-oriented teaching Integrated treatment of rules and considerations relating to copyright due diligence, licensing, and enforcement Comparative materials that situate the U.S. copyright regime in its global context
Download or read book University of Chicago Law Review Volume 80 Number 4 Fall 2013 written by University of Chicago Law Review and published by Quid Pro Books. This book was released on 2014-01-02 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fourth issue of 2013 features articles from internationally recognized legal scholars, and extensive research in Comments authored by University of Chicago Law School students. Contents of Vol. 80, No. 4, include: ARTICLES * Bankruptcy Law as a Liquidity Provider, by Kenneth Ayotte & David A. Skeel Jr. * Impeaching Precedent, by Charles L. Barzun * Copyright in Teams, by Anthony J. Casey & Andres Sawicki * Inside or Outside the System?, by Eric A. Posner & Adrian Vermeule REVIEW ESSAY * Francis Lieber and the Modern Law of War, by Paul Finkelman COMMENTS * Having Their Cake and Eating It Too? Post-emancipation Child Support as a Valid Judicial Option, by Lauren C. Barnett * Equal Opportunity: Federal Employees' Right to Sue on Title VII and Tort Claims, by Kristin Sommers Czubkowski * Using Severability Doctrine to Solve the Retroactivity Unit-of-Analysis Puzzle: A Dodd-Frank Case Study, by Hannah Garden-Monheit * I Didn't Do It: Third-Party Debtors and the Securities Law Violation Exception to Discharge, by Hillel Nadler * "Super Contacts": Invoking Aiding-and-Abetting Jurisdiction to Hold Foreign Nonparties in Contempt of Court, by Julia K. Schwartz * Taking Leases, by Nicholas Spear * Disability Claims, Guidance Documents, and the Problem of Nonlegislative Rules, by Frederick W. Watson Quality ebook editions feature active Contents, linked footnotes, and linked URLs in notes.
Download or read book Public Rights written by Graham Greenleaf and published by Cambridge University Press. This book was released on 2018-06-21 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book An Islamic Vision of Intellectual Property written by Ezieddin Elmahjub and published by Cambridge University Press. This book was released on 2019-02-21 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over a century, intellectual property (IP) regimes have been justified using Western philosophical theories rooted in the idea that IP must reward talent and maximize global stocks of knowledge and cultural products. Reframing IP in a context of legal pluralism, Ezieddin Elmahjub brings an Islamic and comparative narrative to the appropriate design and scope of IP rights, and in doing so criticizes the dominance of Western influence on a global regime that impacts the ability of people to access medicine, to read, to imagine, and to reshape popular culture. The Islamic vision of IP, which is based on a broad theory of social justice, maintains that IP cannot simply be seen as a reward for effort or tool to maximize economic efficiency but as one legal right within a complicated distributive scheme affecting fundamental human rights, equal opportunities, and human capabilities.
Download or read book Nimmer on Copyright written by Melville B. Nimmer and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Harvard Law Review written by Harvard Law Review and published by Quid Pro Books. This book was released on 2013-01-08 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review is offered in a digital edition, featuring active Contents, linked notes, and proper ebook formatting. The contents of Issue 3, January 2013, include: • Article, “Politicians as Fiduciaries,” by D. Theodore Rave • Book Review, “Is Copyright Reform Possible?” by Pamela Samuelson • Note, “The SEC Is Not an Independent Agency” In addition, student research explores Recent Cases on the Fourth Amendment implications of “pinging” a GPS signal on a cellphone, the First Amendment and mandatory tobacco graphic warnings, the First Amendment and police impersonation statutes, whether software method claims are patent ineligible, and other research.
Download or read book Research Handbook on Electronic Commerce Law written by John A. Rothchild and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: The steady growth of internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields. This authoritative Research Handbook comprises chapters by leading scholars which will provide a solid foundation for newcomers to the subject and also offer exciting new insights that will further the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance, and privacy.
Download or read book The Wind Done Gone written by Alice Randall and published by Houghton Mifflin Harcourt. This book was released on 2001 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: A parody of Gone with the wind, this novel tells the story of Cynara, the mulatto half-sister born into slavery who eventually triumphs.
Download or read book NFTs Creativity and the Law written by Enrico Bonadio and published by Taylor & Francis. This book was released on 2024-06-14 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-Fungible Tokens (NFTs) have emerged as an important medium for the creation, sale and collection of art, with many major business and fashion houses creating their own NFT projects. This book investigates the eruption of NFT crypto art, and its impact on copyright law. Chapters address topics at the intersection between AI, smart contracts, data science, copyright law and arts administration. With snapshots of the ongoing heated debates around copyright law, the book investigates whether NFTs violate copyright and moral rights, the liability of NFTs platforms, impacts on ethical issues such as counterfeiting. The first book published on this emergent topic, this book offers a comprehensive overview of opportunities and challenges raised by NFTs to copyright law and, more generally, to the regulation and economics of the creative and cultural industries. The book is addressed to law and tech enthusiasts as well as academics, students, practitioners and policy makers interested in the intersection between copyright rules and new forms of technology.
Download or read book Landmark Cases in Intellectual Property Law written by Jose Bellido and published by Bloomsbury Publishing. This book was released on 2017-09-07 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the nature of intellectual property law by looking at particular disputes. All the cases gathered here aim to show the versatile and unstable character of a discipline still searching for landmarks. Each contribution offers an opportunity to raise questions about the narratives that have shaped the discipline throughout its short but profound history. The volume begins by revisiting patent litigation to consider the impact of the Statute of Monopolies (1624). It continues looking at different controversies to describe how the existence of an author's right in literary property was a plausible basis for legal argument, even though no statute expressly mentioned authors' rights before the Statute of Anne (1710). The collection also explores different moments of historical significance for intellectual property law: the first trade mark injunctions; the difficulties the law faced when protecting maps; and the origins of originality in copyright law. Similarly, it considers the different ways of interpreting patent claims in the late nineteenth and twentieth century; the impact of seminal cases on passing off and the law of confidentiality; and more generally, the construction of intellectual property law and its branches in their interaction with new technologies and marketing developments. It is essential reading for anyone interested in the development of intellectual property law.
Download or read book Understanding Copyrights and Related Rights written by World Intellectual Property Organization and published by WIPO. This book was released on 2016 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: This booklet provides an introduction for newcomers to the subject of copyright and related rights. It explains the fundamentals underpinning copyright law and practice, and describes the different types of rights which copyright and related rights law protects, as well as the limitations on those rights. It also briefly covers transfer of copyright and provisions for enforcement.
Download or read book Law and Creativity in the Age of the Entertainment Franchise written by Kathy Bowrey and published by Cambridge University Press. This book was released on 2014-11-13 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of the real value in the entertainment industry today lies in franchises – fictional universes, entertainment concepts, reinventions of cultural traditions and celebrity – that create an ongoing presence in the marketplace. The entertainment franchise now shapes the global cultural landscape. However, scholars have devoted little attention to how intellectual property law has changed or is being stretched in practice to accommodate this type of creativity and form of enterprise. Covering law and practice in jurisdictions such as the UK, the EU, the USA, Australia, Spain and the Caribbean, this collection explores the 'fit' of intellectual property laws with specific franchises and tracks the way creators and entrepreneurs work around law's limitations. Case studies include mega-film franchises, fan activity, hip-hop, the management of celebrity reputation, flamenco, 'Disneyfied' theatre, film and television funding, arts festivals and 'carnival in a box'.
Download or read book Research Handbook on Art and Law written by Jani McCutcheon and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant – one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law.
