copyright and the challenge of the new information law series

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Copyright And The Challenge Of The New

Author : Brad Sherman
ISBN : 9789041142115
Genre : Law
File Size : 39. 40 MB
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Copyright is not, as is often thought, something that is periodically ‘extended’ to cover a new field or medium; rather, copyright redefines itself whenever its efficacy is challenged. While many factors have contributed to this process, the most consistent has been the challenges created by new technologies. The contributing authors build upon this insight to show that copyright law is, and has always been, a creature of technology. Each chapter focuses on a specific technology or group of technologies – photography, telegraphy, the phonogram, radio, film, the photocopier, the tape player, television, and computer programs – emphasizing the changes that each technology instigated and the challenges and opportunities it created. Perhaps the most profound insight of this extraordinary book is the authors’ claim – ably supported in a series of intriguing chapters – that the way the law responds and reacts to new technologies is always mediated by the political, social, economic, and cultural environment in which the interaction occurs. For example, these chapters describe and explain how: statutory schemes of remuneration arose from failures to effectively police new forms of piracy; persistent litigation and lobbying by copyright owners forces legislatures and courts to devise new laws; content (e.g., sporting events) generates new rules of access to broadcasts; and ‘fair copying’ (e.g., by libraries) is the necessary exception that proves the rule. As well as providing insight into the ways that copyright law interacted with old technologies when they were new, the book also offers important insights into problems and issues currently confronting copyright law and policy such as the appropriate scope of copyright and the relation between copyright and the public interest. With the broad perspectives opened by these essays, academics, practitioners and policymakers in the field will find themselves well equipped to deal with the problems that will inevitably be created by technologies in the future.

Challenges Of Copyright In The Digital Age

Author : Arpi Abovyan
ISBN : 9783831643097
Genre :
File Size : 42. 22 MB
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The adaption of copyright law to the digital age is currently one of the EU’s main concerns regarding intellectual property. This thesis analyses whether European legislation in this field can be successfully implemented in the same way in countries with different levels of development. Taking the examples of Germany and Armenia will help to evaluate the problems of developed and transition countries concerning the challenges of copyright in the digital age. The comparison between these two countries shows that a one-size-fits-all-approach is not appropriate in the digital environment. The socio-economic situation and the legal environment of transition countries call for a different solution. In this respect the example of Armenia may be instructive for other transition countries as well, especially CIS countries. A recommendation for adopting a certain system for drafting European legislation in the future which will meet the needs of all countries, considering their social, economic and legal situation, has been developed in this thesis.

Harmonizing European Copyright Law

Author : Mireille M. M. van Eechoud
ISBN : 9789041131300
Genre : Law
File Size : 46. 46 MB
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The European concern with copyright and related rights -- Object, subject, and duration of protection -- Exclusive rights and limitations -- Rights management information and technological protection measures -- Term extension for sound recordings -- Term calculation for co-written musical works -- Orphan works -- The blessings and curses of harmonization -- The last frontier : territoriality.

Copyright And Multimedia Products

Author : Irini A. Stamatoudi
ISBN : 1139430947
Genre : Law
File Size : 58. 23 MB
Format : PDF
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Multimedia products have experienced tremendous market success. Yet too often they are given inadequate protection under existing national and international copyright schemes. Irini Stamatoudi provides a comprehensive, comparative treatment of multimedia works and copyright protection in this clear and concise volume. A detailed introduction outlines the nature of the multimedia work, as well as the scope of existing legislation; separate chapters consider collections and compilations, databases, audiovisual works and computer programs (video games are here treated as a 'test case'). Stamatoudi then analyses issues of qualification, regime of protection, and offers a model for a European legislative solution. Copyright and Multimedia Products will interest academics and students, as well as practitioners and copyright policy makers.

Trademark Protection And Freedom Of Expression

Author : Wolfgang Sakulin
ISBN : 9789041134158
Genre : Law
File Size : 74. 42 MB
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Trademark law grants right holders an exclusive right to prevent third parties from using a sign. This can readily be seen as the antithesis of freedom of expression, which arguably includes a right of third parties to non-exclusive use of a sign for a variety of purposes, ranging from informing consumers, to voicing criticism or to artistic expression. Drawing on cultural theory and– which has shown that society is involved in a constant struggle about shaping the meaning of signs (including trademarks) and– this highly original and provocative book contends that trademark law fails to sufficiently differentiate between commercial purpose and the social, political, or cultural meanings carried by one and the same sign. The author shows that the and‘functional approachand’ to justifying trademark rights taken in current jurisprudence and doctrine is deficient, in that it does not take sufficient account of the fact that trademark rights can restrict the freedom of expression of third parties. Specifically, the exercise of rights granted under the European Trademark Regulation and the national trademark rights harmonized by the European Trademark Directive can cause a disproportionate impairment of the freedom of commercial and non-commercial expression of third parties as protected by Article 10 of the European Convention on Human Rights (ECHR). The authorand’s in-depth analysis explores such elements as the following: o the economic and ethical rationales of trademark rights; o whether trademark rights under European law can be justified by these rationales; o how freedom of expression can serve as a limitation to trademark rights; o what level of protection such freedom of expression grants to third parties; o the role of trademarks of social, cultural, or political importance in public discourse; o chilling effects on public discourse that can be caused by the exercise of trademark rights; o the interpretation of provisions regulating the grant and revocation of trademark rights in light of freedom of expression; and o the interpretation of the scope of protection and the limitations of trademark rights in light of freedom of expression. In effect, the analysis serves to expand the focus of legislators, courts, and trademark registering authorities from the interests of trademark right holders, who seemingly are granted ever more protection, to the justified interests of third parties. The critical analysis of existing trademark law leads the author to clearly identify the areas of trademark law in which the law needs to be reinterpreted and the areas in which legislative action should be taken, with recommendations for a number of limitations that should aid legislators in drafting concrete amendments. The new insights and imperatives provided by this book are sure to prove useful to both courts interpreting existing provisions of trademark laws and to legislators who are faced with the challenges of drafting new rules or revising existing laws.

Toward A More Balanced Approach Rethinking And Readjusting Copyright Systems In The Digital Network Era

Author : Jerry Jie Hua
ISBN : 9783662435175
Genre : Law
File Size : 84. 30 MB
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Based on comparative research concerning both international conventions and laws, regulations, policies and cases from different jurisdictions, this book puts forward proposals for recovering the balance of interests between copyright holders, technological intermediaries and public users with regard to the access to, distribution and exploitation of copyright works. Four specific issues are discussed in detail: · an anti-circumvention rule for protection of technological measures that control access to copyright material; · indirect infringing liability for internet service providers and safe harbor regulations, which influence the dissemination of copyright works; · copyright limitations and exceptions especially under the digital network environment, which are relevant to the extent that users are allowed to exploit copyright works; · digital commons projects that promote the distribution and adaptation of copyright works placed under voluntary license schemes, which are relevant to the tolerance and encouragement of remix culture.

New Challenges Of Chinese Copyright Law In The Digital Age

Author : Seagull Haiyan Song
ISBN : 9789041137937
Genre : Law
File Size : 63. 36 MB
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"Under what circumstances should Internet Service Providers (ISPs) be held liable when copyrighted material is made available over the Internet without authorization of rights holders? Is Google's controversial Library Project to scan millions of books into digital format an ambitious plan for public good or is it just another format of copyright infringement under the digital age? When audience enjoys watching live broadcasts of sports events, who are the rights holders behind the scene, and how do they protect their rights and interests from being infringed? All these questions have become highly important under the digital age, and therefore drawn serious attention from legal scholars and legislators worldwide. For direction, the world looks to influential legal regimes arising from the U.S. copyright law, the EU Directives, along with the jurisprudence and legal theory that attaches to each. But the world also looks to China, where a rapidly evolving legal regime holds its own course. This very useful book compares the legislation and case law of Chinese copyright law with those of the United States and European countries, focusing on three subjects - the liability of Internet Service Providers, the 'fair use' versus 'fair dealing' copyright doctrine, and the copyrightability of live sports telecasts - all of which are unsettled questions of law under the existing copyright regime"--P. [4] of cover.

Information Practice In Science And Technology

Author : Mary Schlembach
ISBN : 9781136414916
Genre : Language Arts & Disciplines
File Size : 75. 70 MB
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Examine the vital issues facing sci-tech libraries in today's economic and technological climate! This book addresses current challenges and changes in science and technology libraries—and shows how librarians are handling them in difficult financial times. It examines issues related to closing and merging libraries, online collections maintenance and costs, assistance/outreach geared toward specific groups of library patrons, and the gathering of usage statistics in the electronic environment. You'll also find specific descriptions—and a general overview—of new technologies and case studies of the impact of new technologies on sci-tech library management. Handy tables and figures make the information easy to access and understand. Presenting a wide variety of problems and solutions, Information Practice in Science and Technology will help you understand the needs of users regarding current information technologies and how to meet them. From the editor: “Among the critical challenges facing sci-tech libraries (and actually all libraries) are the need to perform detailed collection assessment and evaluation, particularly in regard to e-resource collections; the need to examine and provide appropriate public services; and the need to develop strategies for the adoption of new information technologies. This book addresses these key issues and attempts to provide both perspective and insight into these problems.” Information Practice in Science and Technology examines: how merging academic departmental libraries can both improve services and smooth the transition to increased use of digital information the process of developing, managing, and providing access to an electronic collection—a case study from the University of Notre Dame, with special attention paid to licensing and publisher agreements how a limited Web interface can be enhanced and become a digital portal to a library's print collection—a case study from the Grainger Engineering Library at the University of Illinois how libraries can support academic faculty research in cross-disciplinary subject areas how to address the specialized subject area information needs of meteorologists and geologists outreach methods that the University of California uses to better connect with library patrons and demonstrate the services that the library offers Digital Object Identifiers (DOIs)—the new technology for archiving and linking electronic information how to gather and benefit from usage statistics, with attention to electronic databases, statistics gathered from public library terminals, and transaction log usage statistics for electronic reserves the proposals to provide all government documents through an electronic distribution system—and what that will mean to sci-tech libraries

Copyright Home Copying Technology Challenges The Law

Author :
ISBN : 9781428922181
Genre :
File Size : 43. 79 MB
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Copyright Law In The Digital Society

Author : Tanya Aplin
ISBN : 9781847310071
Genre : Law
File Size : 35. 97 MB
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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.

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