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 Intellectual Property Rights in Industry sponsored University Research written by and published by National Academies. This book was released on 1993-01-15 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1988, a Roundtable committee, in conjunction with the Industrial Research Institute, developed a set of model agreements to streamline the negotiation process. The intent was that these models would decrease the time and effort needed to develop a research agreement, as well as provide a starting point for companies and universities new to negotiating agreements. In general, the models were well received by the academic and industrial communities. However, one concern, intellectual property rights, continues to pose significant hurdles to successful negotiation. Intellectual Property Rights in Industry-Sponsored University Research: Guide to Alternatives for Research Agreements identifies the contentious issues related to intellectual property rights and develops contract language that makes it easier to negotiate agreements for industry-sponsored university research. This report clarifies issues that cross institutional boundaries when university-industry research agreements are negotiated.
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 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 Yes Rasta written by and published by powerHouse Books. This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay by Perry Henzell A look into the secluded world of Rastafarians, a culture and religion closed to outsiders. With these bold portraits and landscapes, Cariou indelibly captures the strict, separatist, jungle-dwelling, fruit-of-the-land lifestyle, popularised by reggae legends Bob Marley and Peter Tosh. The book's release follows that of a collaborative reggae CD. With 105 tritone photos. '...the photos will stun you with the beauty of their locations and the poise and tranquillity of their subjects' - Newsday
Download or read book Nick written by Michael Farris Smith and published by Little, Brown. This book was released on 2021-01-05 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critically acclaimed novelist pulls Nick Carraway out of the shadows and into the spotlight in this "masterful" look into his life before Gatsby (Richard Russo, Pulitzer Prize-winning author of Empire Falls and Chances Are). Before Nick Carraway moved to West Egg and into Gatsby's periphery, he was at the center of a very different story-one taking place along the trenches and deep within the tunnels of World War I. Floundering in the wake of the destruction he witnessed firsthand, Nick delays his return home, hoping to escape the questions he cannot answer about the horrors of war. Instead, he embarks on a transcontinental redemptive journey that takes him from a whirlwind Paris romance-doomed from the very beginning-to the dizzying frenzy of New Orleans, rife with its own flavor of debauchery and violence. An epic portrait of a truly singular era and a sweeping, romantic story of self-discovery, this rich and imaginative novel breathes new life into a character that many know but few have pondered deeply. Charged with enough alcohol, heartbreak, and profound yearning to paralyze even the heartiest of golden age scribes, Nick reveals the man behind the narrator who has captivated readers for decades.
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 Intellectual Property and Open Source written by Van Lindberg and published by "O'Reilly Media, Inc.". This book was released on 2008-07-15 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Clear, correct, and deep, this is a welcome addition to discussions of law and computing for anyone -- even lawyers!"-- Lawrence Lessig, Professor of Law at Stanford Law School and founder of the Stanford Center for Internet and Society If you work in information technology, intellectual property is central to your job -- but dealing with the complexities of the legal system can be mind-boggling. This book is for anyone who wants to understand how the legal system deals with intellectual property rights for code and other content. You'll get a clear look at intellectual property issues from a developer's point of view, including practical advice about situations you're likely to encounter. Written by an intellectual property attorney who is also a programmer, Intellectual Property and Open Source helps you understand patents, copyrights, trademarks, trade secrets, and licenses, with special focus on the issues surrounding open source development and the GPL. This book answers questions such as: How do open source and intellectual property work together? What are the most important intellectual property-related issues when starting a business or open source project? How should you handle copyright, licensing and other issues when accepting a patch from another developer? How can you pursue your own ideas while working for someone else? What parts of a patent should be reviewed to see if it applies to your work? When is your idea a trade secret? How can you reverse engineer a product without getting into trouble? What should you think about when choosing an open source license for your project? Most legal sources are too scattered, too arcane, and too hard to read. Intellectual Property and Open Source is a friendly, easy-to-follow overview of the law that programmers, system administrators, graphic designers, and many others will find essential.
Download or read book Law of Raw Data written by Jan Bernd Nordemann and published by Kluwer Law International B.V.. This book was released on 2021-08-23 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Data, in its raw or unstructured form, has become an important and valuable economic asset, lending it the sobriquet of ‘the oil of the twenty-first century’. Clearly, as intellectual property, raw data must be legally defined if not somehow protected to ensure that its access and re-use can be subject to legal relations. As legislators struggle to develop a settled legal regime in this complex area, this indispensable handbook will offer a careful and dedicated analysis of the legal instruments and remedies, both existing and potential, that provide such protection across a wide variety of national legal systems. Produced under the auspices of the International Association for the Protection of International Property (AIPPI), more than forty of the association’s specialists from twenty-three countries worldwide contribute national chapters on the relevant law in their respective jurisdictions. The contributions thoroughly explain how each country approaches such crucial matters as the following: if there is any intellectual property right available to protect raw data; the nature of such intellectual property rights that exist in unstructured data; contracts on data and which legal boundaries stand in the way of contract drafting; liability for data products or services; and questions of international private law and cross-border portability. Each country’s rules concerning specific forms of data – such as data embedded in household appliances and consumer goods, criminal offence data, data relating to human genetics, tax and bank secrecy, medical records, and clinical trial data – are described, drawing on legislation, regulation, and case law. A matchless legal resource on one of the most important raw materials of the twenty-first century, this book provides corporate counsel, practitioners and policymakers working in the field of intellectual property rights, and concerned academics with both a broad-based global overview on emerging legal strategies in the protection of unstructured data and the latest information on existing legislation and regulation in the area.
Download or read book Understanding Open Source and Free Software Licensing written by Andrew M. St. Laurent and published by "O'Reilly Media, Inc.". This book was released on 2004-08-16 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book wraps up with a look at the legal effects--both positive and negative--of open source/free software licensing.
Download or read book Martin V City of Indianapolis written by and published by . This book was released on 1999 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patry on Copyright written by William F. Patry and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Derivative Works 2 0 written by Jacqueline D. Lipton and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Apple invites us to “Rip. Mix. Burn.” while Sony exhorts us to “make.believe.” Digital service providers enable us to create new forms of derivative work -- work based substantially on one or more preexisting works. But can we, in a carefree and creative spirit, remix music, movies, and television shows without fear of copyright infringement liability? Despite the exponential growth of remixing technologies, content holders continue to benefit from the vagaries of copyright law. There are no clear principles to determine whether any given remix will infringe one or more copyrights. Thus, rights holders can easily and plausibly threaten infringement suits and potentially chill much creative activity. This Article examines the impact of copyright doctrine on remixes with an emphasis on crowdsourced projects. Such an analysis is particularly salient at this juncture since consumers are neither as passive nor as isolated as they once were. Specifically, large-scale crowdsourced projects raise issues relating to copyright and fair use on a scope and scale never before imaginable. As such, this Article reflects on the particular problems raised by the growth of crowdsourced projects and how our copyright regime can best address them. We conclude that future legal developments will require a thoughtful and sophisticated balance to facilitate free speech, artistic expression, and commercial profit. To this end, we suggest a number of options for legal reform, including: (a) reworking the strict liability basis of copyright infringement for noncommercial works; (b) tempering damages awards for noncommercial or innocent infringement; (c) creating an “intermediate liability” regime that gives courts a middle ground between infringement and fair use; (d) developing clearer ex ante guidelines for fair use; and (e) reworking the statutory definition of “derivative work” to exclude noncommercial remixing activities. These reform proposals are particularly timely in light of the House Judiciary Committee's on-going review of copyright law.
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 Art and Indian Copyright Law written by Nandita Saikia and published by .. This book was released on 2015-02-17 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines how the Indian Copyright Act, 1957, as amended in 2012, interacts with art (other than films and sound recordings), and, in particular, with Indian art. The first part of this text comprises a feminist and post-colonial reading of the Indian copyright statute while later parts focus on interpreting the provisions of the statute in relation to art.
Download or read book How to Fix Copyright written by William Patry and published by Oxford University Press. This book was released on 2012-01-02 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do copyright laws directly cause people to create works they otherwise wouldn't create? Do those laws directly put substantial amounts of money into authors' pockets? Does culture depend on copyright? Are copyright laws a key driver of competitiveness and of the knowledge economy? These are the key questions William Patry addresses in How to Fix Copyright. We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment. Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying. Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity. The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.
