private copying routledge research in intellectual property

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Private Copying

Author : Stavroula Karapapa
ISBN : 9780415674720
Genre : Law
File Size : 66. 88 MB
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"The scope and legitimacy of private copying is one of the most highly contested issues in digital copyright. While private copying was practiced in the analogue world too, it was tolerated due to its minimal impact and to the difficulties related to its monitoring. Yet, its permissibility is ambiguous in the digital environment; this is because digitalisation has enabled ordinary individuals to make and share copies of copyrighted works easily, for no cost and with no degradation in terms of quality. Scholars and lawmakers stress the decisive role of private copying in striking an adequate balance between the freedom to use copyrighted works and the protection of the rightholders' interests in the digital world. In Europe, private copying is explicitly permitted under Article 5(2)(b) of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society and the national laws that implement it. Despite being a lawful activity in the great majority of European Member States, digital private copying remains a highly controversial phenomenon and the scope of digital private copying remains legally unclear.This book offers an original analysis of private copying and determines the actual scope of private copying as an area of end-user freedom in the digital world. In particular, it examines the permissibility of digital private copying with a view to clarify the legal uncertainty as to its scope. The basis of this examination is Article 5(2)(b) of the Information Society Directive. Under this Article, the use of copyrighted works ought to be 'private' and 'non-commercial' to be permitted; these concepts, however, do not translate well, and tend to be less sharp, in the digital environment. Even though their meaning seems clear and self-evident, their legal boundaries are in practice very vague and not settled by law"--

The Object Of Copyright

Author : Stina Teilmann-Lock
ISBN : 9781317804598
Genre : Law
File Size : 56. 83 MB
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Recent years have seen a number of pressing developments in copyright law: there has been an enormous increase in the range and type of work accorded protection; the concept of the ‘original work’ has entered into national copyright acts; and intangible entities are now entitled to protection by copyright. All these are consequences of legislative and technological developments that can be traced back over two centuries and more. the result. This book presents an interdisciplinary study of the growth of copyright law, largely based on archival research and on archival materials only recently made available online. The new history here articulated helps to explain why print is no longer today the sole or even the chief object of copyright protection. Taking its key examples from British, French and Danish copyright law, the book begins by exploring how the earliest copyright laws emerged out of the technological understanding of a printed ‘copy,’ and out of the philosophical notions of originals and copies, tangibles and intangibles. Dr Teilmann-Lockgoes on to examine the concept of the ‘work’ as it develops both conceptually and legally, as the object of protection, and then explains how, in a curious consequence, 'the work' turns the ‘copy’ into the 'mere' material instantiation of the intangible 'original'. The book concludes by addressing the considerable and complicated problems now emerging in copyright law following the inclusion of design within the scope of its protection. In this field Danish law, striving to protect Danish design, has been setting the trend for over a hundred years. In its examination of terminological exchanges between the diverse legal traditions and philosophical discourse, and in its thorough investigation of particular terms central to copyright legislation, this interdisciplinary book will be of great interest to scholars and students of copyright and intellectual property law; it also makes an important contribution to literary studies, legal history and cultural theory.

Ethics And Law Of Intellectual Property

Author : Christian Lenk
ISBN : 9781317141372
Genre : Law
File Size : 85. 55 MB
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Divided into three parts, this edited volume gives an overview of current topics in law and ethics in relation to intellectual property. It addresses practical issues encountered in everyday situations in politics, research and innovation, as well as some of the underlying theoretical concepts. In addition, it provides an insight into the process of international policy-making, showing the current problems in the area of intellectual property in science and research. It also highlights changes in the fundamental understanding of common and private property and the possible implications and challenges for society and politics.

Copyright Law And Derivative Works

Author : Omri Rachum-Twaig
ISBN : 9780429799402
Genre : Law
File Size : 47. 27 MB
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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.

The Routledge Research Companion To Early Modern Spanish Women Writers

Author : Nieves Baranda
ISBN : 9781317043621
Genre : Literary Criticism
File Size : 68. 43 MB
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In Spain, the two hundred years that elapsed between the beginning of the early modern period and the final years of the Habsburg Empire saw a profusion of works written by women. Whether secular or religious, noble or middle class, early modern Spanish women actively composed creative works such as poetry, prose narratives, and plays. The Routledge Research Companion to Early Modern Spanish Women Writers covers the broad array of different kinds of writings – literary as well as extra-literary – that these women wrote, taking into consideration their subject positions and the cultural and historical contexts that influenced and were influenced by them. Beyond merely recognizing the individual women authors who had influence in literary, religious, and intellectual circles, this Research Companion investigates their participation in these circles through their writings, as well as the ways in which their texts informed Spain’s cultural production during the early modern period. In order to contextualize women’s writings across the historical and cultural spectrum of early modern Spain, the Research Companion is divided into six sections of general thematic interest: Women’s Worlds; Conventual Spaces; Secular Literature; Women in the Public Sphere; Private Circles; Women Travelers. Each section is subdivided into chapters that focus on specific issues or topics.

Property Rights And Neoliberalism

Author : Laura J. Hatcher
ISBN : 9781317074618
Genre : Law
File Size : 90. 49 MB
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Property rights and efforts to curb state appropriation of private properties for public purposes have always held high status on the political agenda of the US and many other nations that feature a corporate capitalist economic system. In addition to this, over the last several decades conservative libertarian and neo-liberal groups have put constitutional demands for greater property protection on the agendas of courts in several countries. Studying property rights mobilization in both domestic and comparative contexts, the contributors to this volume bring a range of social science perspectives to address three primary issues: the contours and characteristics of property rights mobilizations; the degree to which property rights movements have influenced development of law in demonstrable ways; and the broader cultural, social and economic implications of modern-era property rights litigation and legal mobilizations. This will be a key text for anyone working within or interested in property rights.

Intellectual Property Policy Law And Administration In Africa

Author : Caroline B. Ncube
ISBN : 9781317589952
Genre : Law
File Size : 85. 43 MB
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This book examines the harmonisation of Intellectual Property (IP) policy, law and administration in Africa. Two recent developments have brought this topic to the fore. The first is the escalation of long-standing efforts to establish a Pan-African Intellectual Property Organisation (PAIPO), a continental initiative. The second is the current sub-regional attempt to operationalise the IP provisions of the Southern African Development Community (SADC)’s Protocol on Trade (articles 9b and 24) and its Protocol on Science, Technology and Innovation (article 2m). Intellectual Property Policy, Law and Administration in Africa discusses the viability of such initiatives with particular reference to the current socio-economic status of Africa’s nations. With a view to contributing to future developments in Africa at both a continental and sub-regional level, the author considers this issue through the lens of advancing the public interest in IP. Ncube argues that harmonisation initiatives ought to be crafted in a way that is supportive of the development aspirations of African states. Consequently, she urges due consideration of individual states’ unique conditions and aspirations in any harmonisation venture, a necessity outlined in article 7 of the Agreement on Trade Related Aspects of Intellectual Property Rights. This book will be of great relevance to scholars and policy makers with an interest in IP law and African law in general.

Health Technologies And International Intellectual Property Law

Author : Phoebe Li
ISBN : 9781135916770
Genre : Law
File Size : 54. 97 MB
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The global transmission of infectious diseases has fuelled the need for a more developed legal framework in international public health to provide prompt and specific guidance during a large-scale emergency. This book develops a means for States to take advantage of the flexibilities of compulsory licensing in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which promotes access to medicines in a public health emergency. It presents the precautionary approach (PA) and the structure of risk analysis as a means to build a workable reading of TRIPS and to help States embody the flexibilities of intellectual property (IP). The work investigates the complementary roles of the World Health Organization (WHO) and the World Trade Organization (WTO) in order to promote the harmonisation of the precautionary approach in relation to the patenting of crucial pharmaceutical products. By bringing together international trade law and intellectual property law Phoebe Li demonstrates how through the use of risk analysis and the precautionary approach, States can still comply with their legal obligations in international law, while exercising their sovereignty right in issuing a compulsory licence of a drug patent in an uncertain public health emergency. This book will be of great interest to students and academics of medical and healthcare law, intellectual property law, international trade law, and human rights law.

The Law And Economics Of Intellectual Property In The Digital Age

Author : Niva Elkin-Koren
ISBN : 9781136249501
Genre : Law
File Size : 65. 54 MB
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This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.

Property Place And Piracy

Author : Martin Fredriksson
ISBN : 9781351720212
Genre : History
File Size : 83. 23 MB
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This book takes the concept of piracy as a starting point to discuss the instability of property as a social construction and how this is spatially situated. Piracy is understood as acts and practices that emerge in zones where the construction and definition of property is ambiguous. Media piracy is a frequently used example where file-sharers and copyright holders argue whether culture and information is a common resource to be freely shared or property to be protected. This book highlights that this is not a dilemma unique to immaterial resources: concepts such as property, ownership and the rights of use are just as diffuse when it comes to spatial resources such as land, water, air or urban space. By structuring the book around this heterogeneous understanding of piracy as an analytical perspective, the editors and contributors advance a trans-disciplinary and multi-theoretical approach to place and property. In doing so, the book moves from theoretical discussions on commons and property to empirical cases concerning access to and appropriation of land, natural and cultural resources. The chapters cover areas such as maritime piracy, the philosophical and legal foundations of property rights, mining and land rights, biopiracy and traditional knowledge, indigenous rights, colonization of space, military expansionism and the enclosure of urban space. This book is essential reading for a variety of disciplines including indigenous studies, cultural studies, geography, political economy, law, environmental studies and all readers concerned with piracy and the ambiguity of property.

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