Copyright Law In An Age Of Limitations And Exceptions

Copyright Law in an Age of Limitations and Exceptions PDF
Author: Ruth L. Okediji
Publisher: Cambridge University Press
Size: 66.47 MB
Category : Law
Languages : en
Pages : 496
View: 594

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Copyright Law In An Age Of Limitations And Exceptions

Copyright Law In An Age Of Limitations And Exceptions by Ruth L. Okediji, Copyright Law In An Age Of Limitations And Exceptions Books available in PDF, EPUB, Mobi Format. Download Copyright Law In An Age Of Limitations And Exceptions books, In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.

Copyright Law In An Age Of Limitations And Exceptions

Copyright Law in an Age of Limitations and Exceptions PDF
Author: Ruth L. Okediji
Publisher: Cambridge University Press
Size: 47.75 MB
Category : Law
Languages : en
Pages :
View: 3875

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Copyright Law In An Age Of Limitations And Exceptions

Copyright Law In An Age Of Limitations And Exceptions by Ruth L. Okediji, Copyright Law In An Age Of Limitations And Exceptions Books available in PDF, EPUB, Mobi Format. Download Copyright Law In An Age Of Limitations And Exceptions books, Copyright Law in an Age of Limitations and Exceptions brings together leading copyright scholars and the field's foremost authorities to consider the critical role of copyright law in shaping the complex social, economic, and political interaction critical for cultural productivity and human flourishing. The book addresses defining issues facing copyright law today, including justifications for copyright law's limitations and exceptions (L&Es), the role of authors in copyright, users' rights, fair use politics and reform, the three-step test in European copyright law, the idea/expression principle with respect to functional works, limits on the use of L&Es in scientific innovation, and L&Es as a tool for economic development in international copyright law. The book also presents case studies on the historical development of the concept of 'neighboring rights' and on Harvard Law School's pioneering model of global copyright education, made possible by the exercise of L&Es across national borders.

The Cambridge Handbook Of Copyright Limitations And Exceptions

The Cambridge Handbook of Copyright Limitations and Exceptions PDF
Author: Shyamkrishna Balganesh
Publisher: Cambridge University Press
Size: 56.97 MB
Category : Law
Languages : en
Pages :
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The Cambridge Handbook Of Copyright Limitations And Exceptions

Copyright Law In An Age Of Limitations And Exceptions by Shyamkrishna Balganesh, The Cambridge Handbook Of Copyright Limitations And Exceptions Books available in PDF, EPUB, Mobi Format. Download The Cambridge Handbook Of Copyright Limitations And Exceptions books, While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.

The Future Of Asian Trade Deals And Ip

The Future of Asian Trade Deals and IP PDF
Author: Kung-Chung Liu
Publisher: Bloomsbury Publishing
Size: 33.15 MB
Category : Law
Languages : en
Pages : 320
View: 7537

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The Future Of Asian Trade Deals And Ip

Copyright Law In An Age Of Limitations And Exceptions by Kung-Chung Liu, The Future Of Asian Trade Deals And Ip Books available in PDF, EPUB, Mobi Format. Download The Future Of Asian Trade Deals And Ip books, The pulling out of the Trans-Pacific Partnership (TPP) by the US marks a new era for trade deals and potentially for intellectual property (IP). The TPP has evolved to become the Comprehensive and Progressive Agreement for TPP (CPTPP) with the remaining 11 members suspending some of its provisions, over half of which are IP-related. While the TPP excludes the two Asian giants – India and the People's Republic of China (PRC) – the ongoing Regional Comprehensive Economic Partnership (RCEP) negotiations include both of them. The first part of this edited collection sets out to re-examine some basic principles of trade negotiation, such as choosing the right representatives to negotiate and enhancing transparency as a cure to the public's distrust against trade talks; moreover, it analyses how CPTPP might impact on RCEP's IP chapter and examines the possible norm setters of Asian IP. It then focuses on the PRC's trade and IP strategy against the backdrop of the power games between the PRC, India and the US. The second part of the book reflects on issues related to investor–state dispute settlement and its relationship with IP, such as how to re-calibrate the balance in international investment arbitration, and whether compulsory license of IP constitutes expropriation in India, the PRC and select ASEAN countries. The third part of the book questions and strives to improve some of the proposed IP provisions of CPTPP and RCEP and to redefine some aspects of international IP norms, such as: pre-grant patent opposition and experimental use exception; patent term extension; patent linkage and data exclusivity for the pharmaceutical sector; plant variety protection; pre-established damages for copyright infringement; and the restructuring of copyright limitations in the public interest.

The Routledge Handbook Of Eu Copyright Law

The Routledge Handbook of EU Copyright Law PDF
Author: Eleonora Rosati
Publisher: Routledge
Size: 21.65 MB
Category : Law
Languages : en
Pages : 550
View: 4968

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The Routledge Handbook Of Eu Copyright Law

Copyright Law In An Age Of Limitations And Exceptions by Eleonora Rosati, The Routledge Handbook Of Eu Copyright Law Books available in PDF, EPUB, Mobi Format. Download The Routledge Handbook Of Eu Copyright Law books, The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: on the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, the copyright framework of individual EU Member States. This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.

Framing Intellectual Property Law In The 21st Century

Framing Intellectual Property Law in the 21st Century PDF
Author: Rochelle Cooper Dreyfuss
Publisher: Cambridge University Press
Size: 11.38 MB
Category : Business & Economics
Languages : en
Pages : 328
View: 7104

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Framing Intellectual Property Law In The 21st Century

Copyright Law In An Age Of Limitations And Exceptions by Rochelle Cooper Dreyfuss, Framing Intellectual Property Law In The 21st Century Books available in PDF, EPUB, Mobi Format. Download Framing Intellectual Property Law In The 21st Century books, The book describes how intellectual property law is framed by theories about incentives, trade, health, development, and human rights.

Pluralism Or Universalism In International Copyright Law

Pluralism or Universalism in International Copyright Law PDF
Author: Tatiana Eleni Synodinou
Publisher: Kluwer Law International B.V.
Size: 15.82 MB
Category : Law
Languages : en
Pages : 744
View: 4156

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Pluralism Or Universalism In International Copyright Law

Copyright Law In An Age Of Limitations And Exceptions by Tatiana Eleni Synodinou, Pluralism Or Universalism In International Copyright Law Books available in PDF, EPUB, Mobi Format. Download Pluralism Or Universalism In International Copyright Law books, In a world where powerful intermediaries like Google and Facebook are de facto regulators of the communication of copyright-protected works, the democratization of access to content has both substantially expanded the availability of new markets and dramatically increased copyright infringements. Does this mean that the long-sought ideal of a “universal” copyright regulation, which would harmoniously combine effective protection of intellectual creations with public interest goals, is a lost cause? Taken together, the contributions to this insightful and thoroughly researched book suggest that despite the prevailing labyrinthine mosaic of divergent national responses to fragmentation at international level, the foundations of a universal approach can be found in the interaction of regional, national and international copyright law instruments when responding to current and emerging technologies. Emphasizing the adaptation of copyright law to the needs of the information society, this volume provides critical approaches by leading copyright scholars on whether pluralism or universalism is the appropriate path to follow for the development of international copyright law. The authors deal with such issues and topics as the following: the application of core copyright law principles worldwide; authorship, rights and exceptions in the international copyright acquis; Internet copyright enforcement; global collective management of copyright; copyright contracts; database and design rights; intermediary liability; the global reach of the U.S. Fair Use doctrine; World Intellectual Property Organization’s role and strategy in international copyright lawmaking; and bilateral trade and investment agreements involving copyright. Specific evolutions and emerging trends in national and regional digital copyright laws are analyzed and assessed as they have developed in the European Union, the United States, Canada and Australia, as well as in several Asian and African countries. Throughout, attention is paid to compatibility with the Berne Convention, the perceived core of copyright law in the international copyright acquis, and the key question of the balancing of copyright law with fundamental rights from an international and comparative law perspective. As a comprehensive analysis of how core copyright law concepts and principles function in today’s fragmented copyright legal system, this book has no peers. Its detailed treatment of numerous specific instruments and regimes, as well as its insightful approaches to the future of international copyright lawmaking, will prove of immeasurable value to lawyers, judges, policy makers, academics and researchers working in the field of copyright law.

Rethinking Copyright For Sustainable Human Development

Rethinking Copyright for Sustainable Human Development PDF
Author: Sileshi Bedasie Hirko
Publisher: Routledge
Size: 25.24 MB
Category : Law
Languages : en
Pages : 248
View: 3052

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Rethinking Copyright For Sustainable Human Development

Copyright Law In An Age Of Limitations And Exceptions by Sileshi Bedasie Hirko, Rethinking Copyright For Sustainable Human Development Books available in PDF, EPUB, Mobi Format. Download Rethinking Copyright For Sustainable Human Development books, This book explores the interface between copyright and higher education, and their complementarities for the advancement of sustainable human development. The concept of human development defines the freedoms and human capabilities that are essential for human flourishing. Adopting a rights-based human development and capability approach, the book primarily examines the relevant policy and legal flexibilities under the existing international copyright system and their implications for access to knowledge for creative innovation and higher education. Exploring the interfaces between copyright and higher education, the book argues that an unbalanced and restrictive copyright system impedes reasonable access to knowledge and stifles creative and learning freedoms or capabilities, resulting in serious ramifications for sustainable human development. In view of its findings, the book underscores the need for rethinking copyright and reframing its relevant flexibilities as users-rights that are vital for promoting creative and learning capabilities towards sustainable human development. Further, the book emphasizes the complementarities between copyright and higher education, and their roles for sustainable human development. Given its multifaceted explorations of ranges of interlinked topics through the lens of the human development approach, the book will be of a great interest to researchers across the fields of intellectual property law, innovation, global development, human rights, and higher education.

Global Mandatory Fair Use

Global Mandatory Fair Use PDF
Author: Tanya Aplin
Publisher: Cambridge University Press
Size: 34.54 MB
Category : Law
Languages : en
Pages :
View: 5436

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Global Mandatory Fair Use

Copyright Law In An Age Of Limitations And Exceptions by Tanya Aplin, Global Mandatory Fair Use Books available in PDF, EPUB, Mobi Format. Download Global Mandatory Fair Use books, In a path-breaking work, Tanya Aplin and Lionel Bently make the case that the quotation exception in Article 10 of the Berne Convention constitutes a global, mandatory, fair use provision. It is global, they argue, because of the reach of Berne qua Berne and qua TRIPS, and its mandatory nature is apparent from the clear language of Article 10 and its travaux. It relates to 'use' that is not limited by type of work, type of act, or purpose and it is 'fair' use because the work must be made available to the public, with attribution, and the use must be proportionate and consistent with fair practice. By explaining the contours of global, mandatory fair use - and thus displacing the 'three-step test' as the dominant, international copyright norm governing copyright exceptions - this book creates new insights into how national exceptions should be framed and interpreted.

The Trans Pacific Partnership

The Trans Pacific Partnership PDF
Author: Matthew Rimmer
Publisher: Edward Elgar Publishing
Size: 75.65 MB
Category : Law
Languages : en
Pages : 616
View: 1810

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The Trans Pacific Partnership

Copyright Law In An Age Of Limitations And Exceptions by Matthew Rimmer, The Trans Pacific Partnership Books available in PDF, EPUB, Mobi Format. Download The Trans Pacific Partnership books, This book considers the impact of the Trans-Pacific Partnership [TPP] on intellectual property and trade. The book focuses upon the debate over copyright law, intermediary liability, and technological protection measures. The text examines the negotiations over trade mark law, cybersquatting, geographical indications and the plain packaging of tobacco products. It explores the debate over patent law and access to essential medicines, data protection and biologics, and the protection of trade secrets. In addition, the book investigates the treatment of Indigenous intellectual property, access to genetic resources, and plant breeders’ rights.

Intellectual Property And Sports

Intellectual Property and Sports PDF
Author: Martin Senftleben
Publisher: Kluwer Law International B.V.
Size: 62.55 MB
Category : Law
Languages : en
Pages : 480
View: 681

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Intellectual Property And Sports

Copyright Law In An Age Of Limitations And Exceptions by Martin Senftleben, Intellectual Property And Sports Books available in PDF, EPUB, Mobi Format. Download Intellectual Property And Sports books, Renowned intellectual property law expert Bernt Hugenholtz once warned, chiding the voracity of copyright, that reducing the subject matter test to mere originality and personal stamp might lead to ‘infinite expansion of the concept of the work of authorship. Anything touched by human hand, including for instance sports performances, would be deemed a work’. Indeed, the applicability of copyright law on sports events and players’ moves is one of the many topics discussed in this volume, which spans issues from those related to players and their performances and achievements, via those relevant to sports event organisers and clubs, to questions concerning event reporting and data and the growing role of AI technologies in sports. Well-known authorities in intellectual property law speculate on the nexus of sports and intellectual property in its widest sense, elucidating such aspects as the following: neighbouring rights for organisers of sports events; ethnic and cultural references in team and league branding; legality of reselling event tickets; use of artificial intelligence in refereeing; related rights protection of images; e-sports and fantasy leagues; and sports celebrities and character merchandising. There are also several intriguing comparative chapters on intellectual property aspects in such parallel domains as body art, movement, carnivals, choreography, and chess. Both profound and entertaining, this unique volume will be appreciated by practitioners, jurists, and academics interested in intellectual property rights as well as in sports law.

Japanese Copyright Law

Japanese Copyright Law PDF
Author: Peter Ganea
Publisher: Kluwer Law International B.V.
Size: 41.81 MB
Category : Law
Languages : en
Pages : 249
View: 4566

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Japanese Copyright Law

Copyright Law In An Age Of Limitations And Exceptions by Peter Ganea, Japanese Copyright Law Books available in PDF, EPUB, Mobi Format. Download Japanese Copyright Law books, In all major industrialised countries, copyright law has fundmentally changed in the last 15 years due to the digital age, the TRIPS Agreement and the WIPO Copyright Treaties. Japan is no exception, and both legislation and case law have been most active within this period of time. Copyright Law in Japan contains up-to date information on such difficult issue as the new distribution right for copyright works, frictions between private and public interest, provisions on anti-circumvention devices, contributory infringement in a digital and non-digital environment, calculation of damages in copyright infringement cases, the fundamental of moral rights protection and the work quality of video games. The book is written by a number of leading Japanese and Max Planck academics, and Japanese practitioners, and thus combines practical knowledge with academic standards. The book contains the following chapters:Copyright Hirstory;General Introduction;Protected Works;Copyright Ownership;Moral Rights;Economic Rights and Limitations;Copyright Contract Law;Neighbouring Rights;The Enforcement of Copyrights. The book is a must for all copyright owners concerned about their rights in Japan, and for private practitioners counselling their clients on potential strategies of marketing copyright material and enforcing copyrights in the Japanese market.

Multi Sided Music Platforms And The Law

Multi sided Music Platforms and the Law PDF
Author: Chijioke Ifeoma Okorie
Publisher: Taylor & Francis
Size: 49.95 MB
Category : Law
Languages : en
Pages : 308
View: 5660

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Multi Sided Music Platforms And The Law

Copyright Law In An Age Of Limitations And Exceptions by Chijioke Ifeoma Okorie, Multi Sided Music Platforms And The Law Books available in PDF, EPUB, Mobi Format. Download Multi Sided Music Platforms And The Law books, Multi-Sided Music Platforms and the Law explores the legal and regulatory frameworks surrounding copyright protection, competition and privacy concerns arising from the way multi-sided platforms use copyright-protected content in digital advertising. This book suggests how stakeholders in Africa, and their advisors, may ingenuously reform and apply various legal and regulatory frameworks to address these issues which arise from the manner in which multi-sided platforms use copyright-protected content in digital advertising. The book critically engages with the regulatory efforts in other jurisdictions, particularly the EU, with a view to bringing an African perspective to the debate and practice. It undertakes a consideration of this issue by asking how multi-sided platforms may be deployed in a manner that continues innovative uses of copyright content while protecting the economic freedom of African copyright owners as small businesses. Providing the first pro-Africa approach to the regulation of multi-sided platforms, particularly with reference to music, this book focuses on key aspects of digital commercial activity and highlights the main challenges and opportunities for its regulation. It will be of interest to lawyers, policymakers and students across Nigeria, South Africa, and internationally among the African Union, European Union and beyond. .

The Cambridge Handbook Of Public Private Partnerships Intellectual Property Governance And Sustainable Development

The Cambridge Handbook of Public Private Partnerships  Intellectual Property Governance  and Sustainable Development PDF
Author: Margaret Chon
Publisher: Cambridge University Press
Size: 25.83 MB
Category : Law
Languages : en
Pages :
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The Cambridge Handbook Of Public Private Partnerships Intellectual Property Governance And Sustainable Development

Copyright Law In An Age Of Limitations And Exceptions by Margaret Chon, The Cambridge Handbook Of Public Private Partnerships Intellectual Property Governance And Sustainable Development Books available in PDF, EPUB, Mobi Format. Download The Cambridge Handbook Of Public Private Partnerships Intellectual Property Governance And Sustainable Development books, Public-private partnerships (PPPs) play an increasingly prominent role in addressing global development challenges. United Nations agencies and other organizations are relying on PPPs to improve global health, facilitate access to scientific information, and encourage the diffusion of climate change technologies. For this reason, the 2030 Agenda for Sustainable Development highlights their centrality in the implementation of the Sustainable Development Goals (SDGs). At the same time, the intellectual property dimensions and implications of these efforts remain under-examined. Through selective case studies, this illuminating work contributes to a better understanding of the relationships between PPPs and intellectual property considered within a global knowledge governance framework, including innovation, capacity-building, technological learning, and diffusion. Linking the governance of intellectual property to the SDGs, this is the first book to chart the activities of PPPs at this important nexus.

The Parody Exception In Copyright Law

The Parody Exception in Copyright Law PDF
Author: Sabine Jacques
Publisher: Oxford University Press
Size: 11.91 MB
Category : Law
Languages : en
Pages : 280
View: 989

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The Parody Exception In Copyright Law

Copyright Law In An Age Of Limitations And Exceptions by Sabine Jacques, The Parody Exception In Copyright Law Books available in PDF, EPUB, Mobi Format. Download The Parody Exception In Copyright Law books, Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.