Copyright Reconstructed: Rethinking Copyright’s Economic Rights in a Time of Highly Dynamic Technological and Economic Change PDF Download
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Author: P. Bernt Hugenholtz
Publisher: Kluwer Law International B.V.
ISBN: 9041191038
Category : Law
Languages : en
Pages : 370
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Book Description
About this book: Copyright Reconstructed is the result of a collaborative research project, ‘Reconstructing Rights’ funded by Microsoft Europe, that normatively examined the core economic rights protected under EU copyright law, with the aim of realigning these rights with economic and technological realities. It follows an interdisciplinary approach, combining economic and legal methods. The book presents various concurring future models of ‘reconstructed’ copyright law. The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights. What’s in this book: This book is structured as follows. Following a historical chapter that illustrates how a structure of media-specific economic rights has developed in international copyright law as copyright’s catalogue of rights, a number of alternative models for reconstructing rights are presented in the form of chapters by Europe’s most respected copyright scholars and economists focusing on potentially copyright-relevant acts that lie at the borders of exclusive rights: digital resale;private copying;hyperlinking and embedding;cable retransmission; andtext and data mining. How this will help you: Offering the most incisive current thinking on copyright’s economic rights in an increasingly networked world where acts of usage of works occur on a global or regional scale rather than on a purely national territorial basis, this book will be of immeasurable value not only to academics but also to practitioners and professionals in intellectual property law. This book guides copyright lawyers and scholars in the fields of international and EU copyright law in understanding the nexus between copyright law and technological and economic change. It also helps lawmakers and judges at the European, national and international levels formulate legislative responses to the challenges of the digital environment.
Author: P. Bernt Hugenholtz
Publisher: Kluwer Law International B.V.
ISBN: 9041191038
Category : Law
Languages : en
Pages : 370
Get Book Here
Book Description
About this book: Copyright Reconstructed is the result of a collaborative research project, ‘Reconstructing Rights’ funded by Microsoft Europe, that normatively examined the core economic rights protected under EU copyright law, with the aim of realigning these rights with economic and technological realities. It follows an interdisciplinary approach, combining economic and legal methods. The book presents various concurring future models of ‘reconstructed’ copyright law. The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights. What’s in this book: This book is structured as follows. Following a historical chapter that illustrates how a structure of media-specific economic rights has developed in international copyright law as copyright’s catalogue of rights, a number of alternative models for reconstructing rights are presented in the form of chapters by Europe’s most respected copyright scholars and economists focusing on potentially copyright-relevant acts that lie at the borders of exclusive rights: digital resale;private copying;hyperlinking and embedding;cable retransmission; andtext and data mining. How this will help you: Offering the most incisive current thinking on copyright’s economic rights in an increasingly networked world where acts of usage of works occur on a global or regional scale rather than on a purely national territorial basis, this book will be of immeasurable value not only to academics but also to practitioners and professionals in intellectual property law. This book guides copyright lawyers and scholars in the fields of international and EU copyright law in understanding the nexus between copyright law and technological and economic change. It also helps lawmakers and judges at the European, national and international levels formulate legislative responses to the challenges of the digital environment.
Author: Justin Koo
Publisher: Bloomsbury Publishing
ISBN: 1509920676
Category : Law
Languages : en
Pages : 292
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Book Description
This monograph conducts a comprehensive analysis of the EU right of communication to the public, one of the exclusive rights under EU copyright law, and provides an alternative framework for its interpretation and application. The present state of the law is unsatisfactory; there is uncertainty in the acquis communautaire and courts at the EU and domestic levels have struggled to apply the right. Therefore, the book identifies the problems with the existing right of communication to the public and proposes recommendations for reform. In addition to reforming the scope of the right of communication to the public, the jurisdiction and applicable law in relation to the right are analysed and changes are recommended. Thus, the book covers both the scope and practicalities of a coherent and effective reform of the right. In light of the continuing development and accompanying tribulations with this right at the EU level, this book provides a topical and timely analysis that will be of interest to academics and practitioners working on EU copyright law. Cited in Opinion of Advocate General Henrik Saugmandsgaard Øe, joined Cases C-682/18 and C-683/18, Frank Peterson v Google LLC, YouTube LLC, YouTube Inc., Google Germany GmbH and Elsevier Inc. v Cyando AG, ECLI:EU:C:2020:586, Court of Justice of the European Union, 16 July 2020.
Author:
Publisher: BRILL
ISBN: 9004686215
Category : Law
Languages : en
Pages : 437
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Book Description
This book gathers and builds on research into distinct national and regional traditions in regulating innovation. It is an early attempt at a comprehensive legal history of the uneven trans-Atlantic harmonization of IP law. Authors explore harmonization as a legal mandate and a progressive ideal, and imagine areas in which coherent regulatory webs could build a more vibrant trans-Atlantic knowledge economy.
Author: Tanya Aplin
Publisher: Cambridge University Press
ISBN: 1108875599
Category : Law
Languages : en
Pages : 283
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Book Description
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.
Author: Branka Marušić
Publisher: Edward Elgar Publishing
ISBN: 1035302233
Category : Law
Languages : en
Pages : 257
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Book Description
The economic right of a copyright holder to communicate to the public has become an increasingly important and complex issue in recent years, this is partially due to changes in the way that content is accessed and consumed online. This innovative book analyses the right of communication to the public, taking account of what legal standing an autonomous legal concept can hold, and how this is impacted by wider harmonisation efforts at an EU level.
Author: Hasan Kadir Yılmaztekin
Publisher: Taylor & Francis
ISBN: 1000818799
Category : Law
Languages : en
Pages : 203
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Book Description
Artificial intelligence (AI) now infiltrates our culture. After a couple of difficult winters, AI today is a word on everybody’s lips, and it attracts everyone’s attention regardless of whether they are experts or not. From Apple’s Siri to Amazon’s Alexa, Tesla’s auto-driving cars to facial recognition systems in CCTV cameras, Netflix’s film offering services to Google’s search engine, we live in a world of AI goods. The advent of AI-powered technologies increasingly affects people’s lives across the globe. As a tool for productivity and cost-efficiency, AI also shapes our economy and welfare. AI-generated designs and works are becoming more popular. Today, AI technologies can generate several intellectual creations. Fashion is one of the industries that AI can profoundly impact. AI tools and devices are currently being used in the fashion industry to create fashion models, fabric and jewellery designs, and clothing. When we talk about AI-generated designs, we instead focus on the fruits of innovation – more best-selling apparels, more fashionable designs and more fulfilment of customer expectations – without paying heed to who the designer is. Designers invest a lot of talent, time and finances into designing and creating each article of clothing and accessory before they release their work to the public. Pattern drafting is the first and most important step in dressmaking. Designers typically start with a general sketch on paper; add styles, elements and colours; revise and refine everything; and finally deliver their design to dressmakers. AI accelerates this time-consuming and labour-intensive process. Yet the full legal consequences of AI in fashion industry are often forgotten. An AI device’s ability to generate fashion designs raises the question of who will own intellectual property rights over the fashion designs. Will it be the fashion designer who hires or contracts with the AI programmer? Will it be the programmer? Will it be the AI itself? Or will it be a joint work of humans and computers? And who will be liable for infringement deriving from use of third-party material in AI-generated fashion designs? This book explores answers to these questions within the framework of EU design and copyright laws. It also crafts a solution proposal based on a three-step test and model norms, which could be used to unleash the authors, rights holders and infringers around AI-generated fashion designs.
Author: Niklas Bruun
Publisher: Cambridge University Press
ISBN: 1108484603
Category : Law
Languages : en
Pages : 531
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Book Description
This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.
Author: Jessica Litman
Publisher: Prometheus Books
ISBN: 161592051X
Category : Law
Languages : en
Pages : 216
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Book Description
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
Author: Mireille M. M. van Eechoud
Publisher: Kluwer Law International B.V.
ISBN: 9041131302
Category : Law
Languages : en
Pages : 402
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Book Description
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.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309064996
Category : Law
Languages : en
Pages : 365
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Book Description
Imagine sending a magazine article to 10 friends-making photocopies, putting them in envelopes, adding postage, and mailing them. Now consider how much easier it is to send that article to those 10 friends as an attachment to e-mail. Or to post the article on your own site on the World Wide Web. The ease of modifying or copying digitized material and the proliferation of computer networking have raised fundamental questions about copyright and patentâ€"intellectual property protections rooted in the U.S. Constitution. Hailed for quick and convenient access to a world of material, the Internet also poses serious economic issues for those who create and market that material. If people can so easily send music on the Internet for free, for example, who will pay for music? This book presents the multiple facets of digitized intellectual property, defining terms, identifying key issues, and exploring alternatives. It follows the complex threads of law, business, incentives to creators, the American tradition of access to information, the international context, and the nature of human behavior. Technology is explored for its ability to transfer content and its potential to protect intellectual property rights. The book proposes research and policy recommendations as well as principles for policymaking.
