Download or read book White Paper on Remixes First Sale and Statutory Damages written by United States. Department of Commerce. Internet Policy Task Force and published by . This book was released on 2016 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internet Policy Task Force's White Paper on Remixes, First Sale, and Statutory Damages (White Paper) was published on January 28, 2016. In the report, the Task Force summarizes the comments and testimony received from stakeholders and sets forth its conclusions and recommendations on three important copyright topics: 1. the legal framework for the creation of remixes; the relevance and scope of the "first sale doctrine" in the digital environment; and the appropriate calibration of statutory damages in the contexts of individual file sharers and secondary liability for large-scale infringement. The White Paper recommends amending the Copyright Act to provide both more guidance and greater flexibility to courts in awarding statutory damages by incorporating a list of factors to consider when determining the amount of a statutory damages award. In addition, it advises changes to remove a bar to eligibility for the Act's "innocent infringer" provision, and to lessen the risk of excessive statutory damages in the context of non-willful secondary liability for online service providers. The report also notes that some concerns raised about damages levels in cases against individuals could be alleviated if Congress were to establish a small claims tribunal with caps on damages awards. With respect to remixes and the first sale doctrine in the digital environment, the report concludes that the evidence has not established a need for changes to the Copyright Act at this time. The Task Force makes several recommendations, however, to make it easier for remixers to understand when a use is fair and to obtain licenses when they wish to do so. It also recommends the development of best practices by stakeholders to improve consumers' understanding of the terms of online transactions involving creative works. Finally, it notes the need to continue to monitor legal and marketplace developments to ensure that library lending and preservation concerns are addressed. In making its recommendations, the Task Force was mindful of the need to protect copyrights effectively while also promoting innovation on the Internet"--Publisher's description.
Download or read book Exhausting Intellectual Property Rights written by Shubha Ghosh and published by Cambridge University Press. This book was released on 2018-11-08 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.
Download or read book Remuneration of Copyright Owners written by Kung-Chung Liu and published by Springer. This book was released on 2017-05-04 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book evaluates existing and explores new mechanisms for the adequate payment of copyright owners for the use of their works. The underlying assumption is that adequate rewards to creators and subsequent right holders will continue to be a goal of copyright law (particularly to incentivize further creation and investment). In the search for viable methods it first focuses on the reduction of transaction costs and the role of new technologies. It also discusses the further development and broader application of new mechanisms that might be necessary to enhance the adequacy and efficiency of payment systems, since the more onerous payment systems are, the more irrelevant copyright risks become due to lack of acceptance, and the less likely both are to fulfill their functions.
Download or read book Research Handbook on Intellectual Property in Media and Entertainment written by Megan Richardson and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: The phenomenal growth of the media and entertainment industries has contributed to a fragmented approach to intellectual property rights. Written by a range of experts in the field, this Handbook deals with contemporary aspects of intellectual property law (IP), and examines how they relate to different facets of media and entertainment.
Download or read book Reclaiming Critical Remix Video written by Owen Gallagher and published by Routledge. This book was released on 2017-11-08 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remix is now considered by many to be a form of derivative work, but such generalizations have resulted in numerous non-commercial remixes being wrongfully accused of copyright infringement. Gallagher argues, however, that remix is a fundamentally transformative practice. The assumption that cultural works should be considered a form of private property is called into question in the digital age; thus, he proposes an alternative system to balance the economic interests of cultural producers with the ability of the public to engage with a growing intellectual commons of cultural works. Multimodal analyses of both remixed and non-remixed intertextual work, with a particular focus on examples of critical remix video, fuel the discussion, synthesizing a number of investigative methods including semiotic, rhetorical and ideological analysis.
Download or read book Reforming Intellectual Property written by Ghidini, Gustavo and published by Edward Elgar Publishing. This book was released on 2022-09-06 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reforming Intellectual Property brings together 19 of the world’s leading scholars in the field to offer their unique insight into the future of intellectual property. Providing a diverse array of perspectives on the most pressing reforms needed in the current IP regime, whether in terms of legislation at national and international levels, or interpretation of existing law, this exceptional book highlights the key issues in this area and sets out an agenda for future research and policy.
Download or read book Is Intellectual Property Pluralism Functional written by Susy Frankel and published by Edward Elgar Publishing. This book was released on 2019 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Essential Guide to Intellectual Property written by Aram Sinnreich and published by Yale University Press. This book was released on 2019-05-28 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: A broad introduction to the changing roles of intellectual property within society Intellectual property is one of the most confusing—and widely used—dimensions of the law. By granting exclusive rights to publish, manufacture, copy, or distribute information and technology, IP laws shape our cultures, our industries, and our politics in countless ways, with consequences for everyone, including artists, inventors, entrepreneurs, and citizens at large. In this engaging, accessible study, Aram Sinnreich uncovers what’s behind current debates and what the future holds for copyrights, patents, and trademarks.
Download or read book Reclaiming Fair Use written by Patricia Aufderheide and published by University of Chicago Press. This book was released on 2018-04-27 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the increasingly complex and combative arena of copyright in the digital age, record companies sue college students over peer-to-peer music sharing, YouTube removes home movies because of a song playing in the background, and filmmakers are denied a distribution deal when a permissions i proves undottable. Analyzing the dampening effect that copyright law can have on scholarship and creativity, Patricia Aufderheide and Peter Jaszi urge us to embrace in response a principle embedded in copyright law itself—fair use. Originally published in 2011, Reclaiming Fair Use challenged the widely held notion that copyright law is obsolete in an age of digital technologies. Beginning with a survey of the contemporary landscape of copyright law, Aufderheide and Jaszi drew on their years of experience advising documentary filmmakers, English teachers, performing arts scholars, and other creative professionals to lay out in detail how the principles of fair-use can be employed to avoid copyright violation. Taking stock of the vibrant remix culture that has only burgeoned since the book’s original publication, this new edition addresses the expanded reach of fair use—tracking the Twitter hashtag #WTFU (where’s the fair use?), the maturing of the transformativeness measure in legal disputes, the ongoing fight against automatic detection software, and the progress and delays of digitization initiatives around the country. Full of no-nonsense advice and practical examples, Reclaiming Fair Use remains essential reading for anyone interested in law, creativity, and the ever-broadening realm of new media.
Download or read book Research Handbook on Intellectual Property and Cultural Heritage written by Stamatoudi, Irini and published by Edward Elgar Publishing. This book was released on 2022-07-21 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’.
Download or read book The Cambridge Handbook of Intellectual Property and Social Justice written by Steven D. Jamar and published by Cambridge University Press. This book was released on 2023-12-31 with total page 1019 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protection for intellectual property has never been absolute; it has always been limited in the public interest. The benefits of intellectual property protection are meant to flow to everyone, not just a limited population of creators and the corporations that represent them. Given this social-utility function, intellectual property regimes must address issues of access, inclusion, and empowerment for marginalized and excluded groups. This handbook defines an approach to considering social justice in intellectual property law and regulation. Top scholars in the field offer surveys of social justice implementation in patents, copyright, trademarks, trade secrets, rights of publicity, and other major IP areas. Chapters define Intellectual Property Social Justice theory and include recommendations for reforming aspects of IP law and administration to further social justice by providing better access, more inclusion, and greater empowerment to marginalized groups.
Download or read book Trade eBooks in Libraries written by Paul Whitney and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-12-05 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the advent of downloadable retail eBooks marketed to individual consumers, for the first time in their history libraries encountered an otherwise commercially available text format they were prevented from adding to their collections. Trade eBooks in Libraries examines the legal frameworks which gave rise to this phenomenon and advocacy efforts undertaken in different jurisdictions to remove barriers to library access. The principal authors provide a general historical overview and an analysis of library/eBook principles developed by a variety of library associations and government reviews. In addition, experts from twelve countries present summaries of eBook developments in their respective countries and regions.
Download or read book Intellectual Property and Access to Im material Goods written by Jessica C. Lai and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, in order to be protected intellectual property goods have almost always needed to be embodied or materialised (and – to a certain extent – to be used and enjoyed), regardless of whether they were copyrighted works, patented inventions or trademarks. This book examines the relationship between intellectual property and its physical embodiments and materialisations, with a focus on the issue of access and the challenges of new technologies. Expert contributors explore how these problems can re-shape our theoretical notion of the intangible and the tangible and how this can have serious consequences for access to intellectual property goods.
Download or read book Copyright Exhaustion written by Péter Mezei and published by Cambridge University Press. This book was released on 2022-02-24 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Second Edition of Copyright Exhaustion, copyright scholar Péter Mezei offers an expanded examination of copyright exhaustion, including its historical development, theoretical framework, practical applications, and policy considerations. He includes updated case law and statutory developments for the first-sale doctrine in the United States and in the European Union, covering both analogue and digital applications with an eye toward scrutinizing the common rejection of exhaustion in the resale of digital subject matter including computer programs, sound recordings, audiovisual works, and e-books. He advocates for a digital first-sale doctrine that would offer legal consistency to copyright law and a technologically feasible framework for content producers and consumers.
Download or read book Polycentric World Order in the Making written by Andrey Baykov and published by Springer Nature. This book was released on 2023-03-02 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world order is evolving toward polycentricity, producing its winners and losers, and driving up the global and regional demand for governance, security, justice, and ethics. The book offers a perspective of key Russian experts in international affairs on these transformations. On the global level it touches upon the issues of global governance, state transformation, phenomenology of globalization, international security, and international political economy. On the regional level it deals with issues of economic integration, energy security, сyber security, nuclear proliferation viewed from a perspective of Pacific Asia, East Asia, Latin America, Middle East, Post-Soviet Area.
Download or read book The Oxford Handbook of Intellectual Property Law written by Rochelle C. Dreyfuss and published by Oxford University Press. This book was released on 2018-04-12 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.
Download or read book Online Distribution of Content in the EU written by Taina Pihlajarinne and published by Edward Elgar Publishing. This book was released on with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal issues surrounding the online distribution of content have recently gained prominence due to the European Commission’s commitment to the Digital Single Market (DSM). This book is one of the first to provide highly topical analysis of the key legal challenges surrounding the online distribution of content, with particular focus on intellectual property rights, competition law and the regulation of new technologies.