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Author: David Vaver
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
How far do intellectual property laws protect personality interests? This paper, first published in 2009 based on one presented in 2006 at Strathclyde University, Glasgow, examines copyright, trade mark and passing-off laws as they affect the protection of features such as the name, voice, image or other personal characteristics of individuals, and also touches on privacy rights. The focus is on English law, with the occasional comparative foray.
Author: David Vaver
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
How far do intellectual property laws protect personality interests? This paper, first published in 2009 based on one presented in 2006 at Strathclyde University, Glasgow, examines copyright, trade mark and passing-off laws as they affect the protection of features such as the name, voice, image or other personal characteristics of individuals, and also touches on privacy rights. The focus is on English law, with the occasional comparative foray.
Author: Andreas Von Gunten
Publisher: buch & netz
ISBN: 3038051985
Category : Philosophy
Languages : en
Pages : 111
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Book Description
Defenders of intellectual property rights argue that these rights are justified because creators and inventors deserve compensation for their labour, because their ideas and expressions are their personal property and because the total amount of creative work and innovation increases when inventors and creators have a prospect of generating high income through the exploitation of their monopoly rights. Andreas Von Gunten shows in this essay that the classical arguments for the justification of private intellectual property rights can be contested, and that there are many good reasons to abolish intellectual property rights completely in favour of an intellectual commons where every person is allowed to use every cultural expression and invention in whatever way he wishes.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309048338
Category : Political Science
Languages : en
Pages : 457
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Book Description
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
Author: Earl W. Kintner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 584
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Book Description
Study commenting on patent law and judicial decisions relating to intellectual property rights in the USA - examines protection procedures for patents, trade secrets, knowhow, trade marks, copyright, public performances (performers) and commercial publicity; discusses income tax on intellectual property. Bibliography.
Author: Jennifer Rothman
Publisher: Harvard University Press
ISBN: 0674986350
Category : Law
Languages : en
Pages : 170
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Book Description
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Author: Dorothy J. Howell
Publisher: Bloomsbury Publishing USA
ISBN: 0313388873
Category : Law
Languages : en
Pages : 225
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Book Description
In this pioneering volume, Howell addresses the extent to which fictional characters are legally recognized and protected as intellectual property. Through a judicious selection of cases chosen for their bearing on the popular arts, the author reviews the basic legal principles involved--copyright, trademark, unfair competition, and contract law--and analyzes their applications to fictional characters. In addition to tracing the evolution of the law relating to the protection of fictional characters, Howell explores the feasibility of isolating characters and protecting them via stringent copyright and/or trademark laws, addresses character merchandising and the associated legal issues, and suggests legal reforms aimed at protecting the creator. Detailed case information serves both to illustrate the legal principles and actions discussed and to stand as a model for the proprietors of future characters. Divided into two major sections, the volume begins by offering a comprehensive introduction to intellectual property law. Specific topics addressed include basic concepts of property, statutory protection of intellectual property, elements of an infringement action, defenses to copyright infringement, unfair competition, and the application of trademark principles to literary properties. In the second section, Howell analyzes the extent to which the fictional character is legally regarded as intellectual property. She reviews situations in which copyright and trademark law have been invoked to protect the creator of a fictional character, examines cases involving such well-known characters as the Lone Ranger, Superman, and the crew of the Starship Enterprise, and presents an extended analysis of the case of Tarzan. Finally, Howell considers whether right of publicity and merchandising offer additional protection for fictional characters. In the concluding chapter, she offers an analysis of copyright decisions and a proposal for their reconciliation. Both practicing attorneys and students of entertainment law will find Howell's work an important contribution to the professional literature.
Author: Adam D. Moore
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In this article, I will present and examine personality-based, rule-utilitarian, and Lockean justifications for intellectual property. Care is needed so that we do not confuse moral claims with legal ones. The brief sketch of Anglo-American and Continental systems of intellectual property below, focuses on legal conceptions and rights while the arguments that follow -- personality based, utilitarian, and Lockean -- are essentially moral. I will argue that there are justified moral claims to intellectual works -- claims that are strong enough to warrant legal protection.
Author: Jon Holyoak
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 534
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Book Description
Author: John Palfrey
Publisher: MIT Press
ISBN: 026229799X
Category : Law
Languages : en
Pages : 260
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Book Description
How a flexible and creative approach to intellectual property can help an organization accomplish goals ranging from building market share to expanding an industry. Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive “sword and shield” approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy—especially in an era of changing attitudes about media. Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property—patent, copyright, trademark, and trade secret—and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps. The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.
Author: Hugh C. Hansen
Publisher: Juris Publishing, Inc.
ISBN: 1578230209
Category : Intellectual property
Languages : en
Pages : 29
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Book Description
This second edition provides a practical guide to Scottish health and safety law, examining the common law rules applying to health and safety in the workplace. It is intended for solicitors, health and safety practitioners, academics, trade union officials and managers
