Download or read book Why the UK Adaptation Right is Superior to the US Derivative Work Right written by Patrick Russell Goold and published by . This book was released on 2015 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Copyright Act of 1976 gives authors an exclusive right to prepare derivative works. Since 1976, this right has become one of the most maligned doctrines in US copyright. American scholars claim the law is too broad and inefficiently increases the author's control over the market for new works. Many of these scholars have, therefore, suggested how to improve current US law.However, American scholars have not noticed how different countries approach the derivative work right in different ways. Some states, like the US, follow a standard-based approach. In these countries, authors receive a broad, vague right to prepare all derivative works. Other states, like the UK, follow a rule-based approach. In these countries, authors receive only a narrow, precisely tailored right to prepare a few, statutorily defined types of derivative works.This article is the first to discuss the two different types of derivative work right. It compares the US standard-based approach to the UK rule-based approach. The article demonstrates why the two countries adopted different approaches to the right. It then shows how the UK approach is more efficient than the US approach. Using law and economic literature on rules versus standards, the article demonstrates how the US standard-based approach has become excessively broad and costly for society. By contrast, the UK avoided these problems by adopting a rule-based approach. Therefore, to optimally improve current US law, Congress ought to amend the Copyright Act and adopt a rule-based approach to the derivative work right, much like the UK's law.
Download or read book The Origin of Copyright written by Wenwei Guan and published by Routledge. This book was released on 2021-07-20 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary copyright was born in a heroic era of human history when technologies facilitated idea dissemination through the book trade reaching out mass readership. This book provides insights on the copyright evolution and how proprietary individual expression’s copyright protection forms an integral part of our knowing in being, driven by the advances of technology through the proliferating trading frameworks. The book captures what is central in the process of copyright evolution which is an "onto-epistemological offset". It goes on to explain that copyright’s protection of knowing in originality’s delineation of expression and fair use/dealing’s legitimization of unauthorized use and being are not isolatable, but rather mutually implicated. While the classic strict determinism has been subject to an onto-epistemological challenge, the book looks at the proliferation of global trade and advent of information technology and how they show us the beauty and possibility of intra-dependence between copyright authorship, entrepreneurship, and readership, which calls for a fresh copyright onto-epistemology. Building on its onto-epistemological critiques on the stakeholder, force, and mechanism of copyright evolution, the book helps readers understand why, not only copyright, but also law in general, and justice too, need to be onto-epistemologically balanced, as this is categorically imperative for being, the fundamental law of nature.
Download or read book The Present and Future of Music Law written by Ann Harrison and published by Bloomsbury Publishing USA. This book was released on 2021-07-29 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The music business is a multifaceted, transnational industry that operates within complex and rapidly changing political, economic, cultural and technological contexts. The mode and manner of how music is created, obtained, consumed and exploited is evolving rapidly. It is based on relationships that can be both complimentary and at times confrontational, and around roles that interact, overlap and sometimes merge, reflecting the competing and coinciding interests of creative artists and music industry professionals. It falls to music law and legal practice to provide the underpinning framework to enable these complex relationships to flourish, to provide a means to resolve disputes, and to facilitate commerce in a challenging and dynamic business environment. The Present and Future of Music Law presents thirteen case studies written by experts in their fields, examining a range of key topics at the points where music law and the post-digital music industry intersect, offering a timely exploration of the current landscape and insights into the future shape of the interface between music business and music law.
Download or read book Intellectual Property Law written by Lionel Bently and published by Oxford University Press. This book was released on 2022-10-31 with total page 1561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbook.co.uk/ebooks
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 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 Transformativeness and the Derivative Work Right written by R. Anthony Reese and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Copyright law grants copyright owners certain exclusive rights in their works, but those rights are expressly limited by the fair use doctrine: any use of a work that qualifies as a fair use does not infringe on the work's copyright. In 1994, in Campbell v. Acuff-Rose Music, Inc., the Supreme Court announced that an essential part of the inquiry into whether a particular use is fair is determining whether the use is “transformative,” and that transformative uses are more likely to be fair uses. The rise of transformativeness as an explicit, important aspect of fair use analysis has potential implications for the copyright owner's exclusive statutory right to prepare derivative works based on her copyrighted work, since derivative works seem, by definition, to involve some transformation of the underlying work. Commentators have therefore worried that the emphasis that the Supreme Court placed on transformativeness in fair use analysis will affect the scope of the copyright owner's right to control forms in which her work is transformed. This Essay explores the nature of the relationship between the derivative work right and the fair-use inquiry into transformativeness by examining all published circuit court opinions (41 published opinions in 37 cases) between the Supreme Court's decision in Campbell and the end of 2007 that apply the statutory fair use analysis and offer some discussion of fair use transformativeness, or the derivative work right, or both. The Essay draws two conclusions from the cases. First, the courts have not viewed the preparation of any derivative work as necessarily transformative, and therefore the preparation of a derivative work is not in itself necessarily more likely (given the favored status of transformative uses) to constitute fair use. Second, appellate courts have not viewed the preparation of a derivative work -- or indeed any transformation or alteration of a work's content -- as necessary to a finding that a defendant's use is transformative, but have instead focused on whether the purpose of the defendant's use is transformative.
Download or read book English as a Legal Language written by Rossini and published by Martinus Nijhoff Publishers. This book was released on 2023-12-18 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: English as a Legal Language is a lawyer's plain language guide to English legal terminology. Anyone who finds it difficult to express legal terms in English simply looks under the general heading to find the relevant terms and their usage. This book can also be used to find explanations of words from a translating dictionary. Further, it is structured as a thesaurus, organized according to topic with an alphabetical index. More and more, lawyers need the English language. But attempts to convert the language to meet one's own purpose often result in misconceptions. English legal language has its roots in the Anglo-American legal tradition and the non-native speaking lawyer may have difficulty understanding a word choice in English without also seeing how it fits into legal thinking and relates to other words in the subject area as a whole. English as a Legal Language offers a comparative lexicon of US and UK legal systems, with references to European legal systems. Special features of this work include: - The vocabulary of an entire area of law in each section; - A verb section which provides guidance on substantives, adjectives, adverbs, phrases, usage, as well as sample sentences and clues about typical mistakes; and - An index which gives an alphabetical rendition of the topically ordered definitions - essential for words that have multiple definitions. All lawyers working in English, and especially continental European lawyers, will find this book indispensable in their practices. The book is also of prime interest to business people, accountants, translators, legal secretaries and students. It will enable all practitioners and academics to express complex ideas in English, to understand the intricacies of English as a legal language, and to avoid the potential mishaps, when language barriers prevent a true meeting of minds.
Download or read book Regulating Content on Social Media written by Corinne Tan and published by UCL Press. This book was released on 2018-03-26 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are users influenced by social media platforms when they generate content, and does this influence affect users’ compliance with copyright laws? These are pressing questions in today’s internet age, and Regulating Content on Social Media answers them by analysing how the behaviours of social media users are regulated from a copyright perspective. Corinne Tan, an internet governance specialist, compares copyright laws on selected social media platforms, namely Facebook, Pinterest, YouTube, Twitter and Wikipedia, with other regulatory factors such as the terms of service and the technological features of each platform. This comparison enables her to explore how each platform affects the role copyright laws play in securing compliance from their users. Through a case study detailing the content generative activities undertaken by a hypothetical user named Jane Doe, as well as drawing from empirical studies, the book argues that – in spite of copyright’s purported regulation of certain behaviours – users are 'nudged' by the social media platforms themselves to behave in ways that may be inconsistent with copyright laws. Praise for Regulating Content on Social Media 'This book makes an important contribution to the field of social media and copyright. It tackles the real issue of how social media is designed to encourage users to engage in generative practices, in a sense effectively “seducing” users into practices that involve misuse or infringement of copyright, whilst simultaneously normalising such practices.’ Melissa de Zwart, Dean of Law, Adelaide Law School, Australia "This timely and accessible book examines the regulation of content generative activities across five popular social media platforms – Facebook, Pinterest, YouTube, Twitter and Wikipedia. Its in-depth, critical and comparative analysis of the platforms' growing efforts to align terms of service and technological features with copyright law should be of great interest to anyone studying the interplay of law and new media." Peter K. Yu, Director of the Center for Law and Intellectual Property, Texas A&M University
Download or read book The Object and Purpose of Intellectual Property written by Susy Frankel and published by Edward Elgar Publishing. This book was released on 2019 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level.
Download or read book Digital Copyright written by Jessica Litman and published by Prometheus Books. This book was released on with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
Download or read book Intellectual Property and the National Information Infrastructure written by United States. Information Infrastructure Task Force. Working Group on Intellectual Property Rights and published by DIANE Publishing. This book was released on 1995 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This now famous White Paper provides rules for our digital highway.Ó Examines each of the major areas of intellectual property law, focusing primarily on copyright law & its application & effectiveness, especially subject matter & scope of protection, copyright ownership, term of protection, exclusive rights, limitations on exclusive rights, copyright infringement. Holds Internet service providers legally accountable for copyright & other infringements by their users. Judges are beginning to use this document to form case law.
Download or read book Intellectual Privilege written by Tom W. Bell and published by Mercatus Center at George Mason University. This book was released on 2014-04-14 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: A consensus has recently emerged among academics and policymakers that US copyright law has fallen out of balance. Lawmakers have responded by taking up proposals to reform the Copyright Act. But how should they proceed? This book offers a new and insightful view of copyright, marking the path toward a world less encumbered by legal restrictions and yet richer in art, music, and other expressive works. Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve—like rights in houses, cars, and other forms of property—the fullest protection of the law. Each of these viewpoints defends important truths. Both fail, however, to capture the essence of copyright. In Intellectual Privilege, Tom W. Bell reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective come fresh solutions to copyright’s problems. Published by the Mercatus Center at George Mason University.
Download or read book Judicial Review of Administrative Action written by Swati Jhaveri and published by Cambridge University Press. This book was released on 2021-03-18 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Download or read book The Making Available Right written by Cheryl Foong and published by Edward Elgar Publishing. This book was released on 2019 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} The right of copyright owners to make their content available to the public is crucial in an environment driven by access. The Making Available Right provides in-depth analysis of this exclusive right and offers insights on how we can approach the right in a more transparent and principled manner. This thought-provoking book brings together detailed analysis of the law and a broader consideration of copyright’s fundamental aims, and will be of interest to judges, practitioners and scholars concerned about how copyright deals with access going forward.
Download or read book Copyright Law in the Digital Society written by Tanya Frances Aplin and published by Hart Publishing. This book was released on 2005-08 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multimedia technology is a key component of the Digital Society. This book comprehensively examines the extent to which copyright and database right protect multimedia works. It does so from the perspective of UK law, but with due attention being paid to EU law, international treaties and comparative developments in other jurisdictions, such as Australia and the U.S. The central argument of the book is that the copyright and database right regimes are, for the most part, flexible enough to meet the challenges presented by multimedia. As a result, it is neither necessary nor desirable to introduce separate copyright protection or sui generis protection for multimedia works. This important and original new work will be essential reading for any lawyer engaged in advising on IP matters relating to the new media industries, and scholars and students working in intellectual property and computer law.
Download or read book The Oxford Handbook of Intellectual Property Law written by Rochelle Cooper Dreyfuss and published by Oxford University Press. This book was released on 2018 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.
