Copyright Protection of Unpublished Works in the Common Law World

Copyright Protection of Unpublished Works in the Common Law World PDF Author: Patrick Masiyakurima
Publisher: Bloomsbury Publishing
ISBN: 1509916989
Category : Law
Languages : en
Pages : 227

Get Book Here

Book Description
This book discusses copyright protection of unpublished works including letters, diaries, manuscripts, photographs, memoranda, sketches, private journals, government records and drafts intended for future publication. Under contemporary British copyright law, unpublished works are protected by the Copyright, Designs and Patents Act 1988. In addition, the Berne Convention anticipates that unpublished works shall receive protection. While unpublished works are, in general, assimilated to the treatment of published ones, notable differences in the strength of protection afforded to published and unpublished works remain. It is the case that contemporary British copyright law confers stronger and longer protection on unpublished works. For instance, the unpublished status of a work assumes pivotal significance in the framework for determining: qualification for copyright protection, the extent of copyright protection, exceptions to copyright infringement and the remedies for copyright infringement. The principal aim of the book is to consider whether copyright in unpublished works is justified; a task which is prosecuted from historical, normative and legal perspectives. Although the book's primary focus is the treatment of unpublished works in Britain, it also relies extensively on materials from other Common Law jurisdictions. The book contributes to the understanding of why cumulative protection of unpublished works emerged, and how exceptions to rights in unpublished works evolved. Moreover, the analysis deployed in the book aids the task of applying the law to 'new circumstances'.

Copyright Protection of Unpublished Works in the Common Law World

Copyright Protection of Unpublished Works in the Common Law World PDF Author: Patrick Masiyakurima
Publisher: Bloomsbury Publishing
ISBN: 1509916989
Category : Law
Languages : en
Pages : 227

Get Book Here

Book Description
This book discusses copyright protection of unpublished works including letters, diaries, manuscripts, photographs, memoranda, sketches, private journals, government records and drafts intended for future publication. Under contemporary British copyright law, unpublished works are protected by the Copyright, Designs and Patents Act 1988. In addition, the Berne Convention anticipates that unpublished works shall receive protection. While unpublished works are, in general, assimilated to the treatment of published ones, notable differences in the strength of protection afforded to published and unpublished works remain. It is the case that contemporary British copyright law confers stronger and longer protection on unpublished works. For instance, the unpublished status of a work assumes pivotal significance in the framework for determining: qualification for copyright protection, the extent of copyright protection, exceptions to copyright infringement and the remedies for copyright infringement. The principal aim of the book is to consider whether copyright in unpublished works is justified; a task which is prosecuted from historical, normative and legal perspectives. Although the book's primary focus is the treatment of unpublished works in Britain, it also relies extensively on materials from other Common Law jurisdictions. The book contributes to the understanding of why cumulative protection of unpublished works emerged, and how exceptions to rights in unpublished works evolved. Moreover, the analysis deployed in the book aids the task of applying the law to 'new circumstances'.

Copyright Protection of Unpublished Works in the Common Law World

Copyright Protection of Unpublished Works in the Common Law World PDF Author: Patrick Masiyakurima
Publisher: Bloomsbury Publishing
ISBN: 1509916970
Category : Law
Languages : en
Pages : 208

Get Book Here

Book Description
This book discusses copyright protection of unpublished works including letters, diaries, manuscripts, photographs, memoranda, sketches, private journals, government records and drafts intended for future publication. Under contemporary British copyright law, unpublished works are protected by the Copyright, Designs and Patents Act 1988. In addition, the Berne Convention anticipates that unpublished works shall receive protection. While unpublished works are, in general, assimilated to the treatment of published ones, notable differences in the strength of protection afforded to published and unpublished works remain. It is the case that contemporary British copyright law confers stronger and longer protection on unpublished works. For instance, the unpublished status of a work assumes pivotal significance in the framework for determining: qualification for copyright protection, the extent of copyright protection, exceptions to copyright infringement and the remedies for copyright infringement. The principal aim of the book is to consider whether copyright in unpublished works is justified; a task which is prosecuted from historical, normative and legal perspectives. Although the book's primary focus is the treatment of unpublished works in Britain, it also relies extensively on materials from other Common Law jurisdictions. The book contributes to the understanding of why cumulative protection of unpublished works emerged, and how exceptions to rights in unpublished works evolved. Moreover, the analysis deployed in the book aids the task of applying the law to 'new circumstances'.

Intellectual Privilege

Intellectual Privilege PDF Author: Tom W. Bell
Publisher: Mercatus Center at George Mason University
ISBN: 0989219380
Category : Law
Languages : en
Pages : 238

Get Book Here

Book Description
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.

United States Code

United States Code PDF Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1506

Get Book Here

Book Description
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Public But Private

Public But Private PDF Author: R. Anthony Reese
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Get Book Here

Book Description
This article studies the implications of a recent radical innovation in American copyright law, which has received little attention in copyright scholarship. Traditionally, U.S. copyright law protected an unpublished work as long as it remained unpublished (potentially in perpetuity), and then continued to protect it for a period of years after publication. The article first explains how, starting in 2003, a change to U.S. copyright law took effect that resulted in the copyright expiring on virtually every work of authorship that was created by anyone who died more than 70 years ago and that has never been published. Next, the article categorizes unpublished works and explores the quantity and quality of the various types, especially private works (such as journals, correspondence, never-published literary manuscripts, etc.) and preparatory works (early drafts of works that were later published in revised form). The article then surveys the implications of placing unpublished works in the public domain. Ending indefinite copyright protection is one of the few ways in which copyright protection has been reduced in recent decades and will facilitate much greater use of unpublished material. Because many other countries continue to protect older, unpublished works, the United States is largely pioneering unknown territory by eliminating copyright for such works, and unpublished material that is in the public domain in the United States may remain protected elsewhere. Most significantly, this change fundamentally alters our conception of the public domain, which until now has always been a body of material that both is legally free for the public to use and has been made available to the public. The evolution of the public domain to include a significant amount of unpublished material may affect the legal regulation of the public domain. In that regard, the article considers how those who own copies of unpublished public domain works (such as archives) may use legal mechanisms other than copyright law to continue to control those works. They may, for example, try to control whether a work gets published by allowing access to that work only under a contract that bars any publication. While such contracts might be seen as interfering with federal copyright policy, the article argues that copyright law probably would not preempt the enforcement of such contracts. Once unpublished public domain works are finally published, the publishers might wish to prevent competitors from using those works. They might therefore attempt to persuade Congress to grant them some period of exclusive, copyright-like protection, pointing to recently enacted laws in the European Union that in fact grant a 25-year copyright to the first person to publish a previously unpublished public domain work. The article explains why the Constitution may well give Congress the power to grant such a "publication right" in public domain works, but why such a right would be undesirable.

Copyright Law Revision

Copyright Law Revision PDF Author:
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 0

Get Book Here

Book Description


Judicially Crafted Property Rights in Valuable Intangibles

Judicially Crafted Property Rights in Valuable Intangibles PDF Author: Apostolos G. Chronopoulos
Publisher: Edward Elgar Publishing
ISBN: 1035335980
Category : Law
Languages : en
Pages : 385

Get Book Here

Book Description
Apostolos G. Chronopoulos addresses the doctrinal contentions surrounding the doctrine of misappropriation while offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic.

Intellectual Property and Open Source

Intellectual Property and Open Source PDF Author: Van Lindberg
Publisher: "O'Reilly Media, Inc."
ISBN: 1449391109
Category : Computers
Languages : en
Pages : 394

Get Book Here

Book Description
"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.

The Public Domain

The Public Domain PDF Author: Stephen Fishman
Publisher: NOLO
ISBN: 9780873374330
Category : Art
Languages : en
Pages : 558

Get Book Here

Book Description
Explains how to find and use creative works without permission or fees, describing how to recognize whether or not a work is in the public domain.

Intellectual Property Law

Intellectual Property Law PDF Author: Lionel Bently
Publisher: Oxford University Press
ISBN: 0198869916
Category : Law
Languages : en
Pages : 1561

Get Book Here

Book Description
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