Copyright Reconstructed Rethinking Copyrights Economic Rights In A Time Of Highly Dynamic Technological And Economic Change

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Copyright Reconstructed: Rethinking Copyright’s Economic Rights in a Time of Highly Dynamic Technological and Economic Change

Author : P. Bernt Hugenholtz
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041191038
Total Pages : 370 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Copyright Reconstructed: Rethinking Copyright’s Economic Rights in a Time of Highly Dynamic Technological and Economic Change by : P. Bernt Hugenholtz

Download or read book Copyright Reconstructed: Rethinking Copyright’s Economic Rights in a Time of Highly Dynamic Technological and Economic Change written by P. Bernt Hugenholtz and published by Kluwer Law International B.V.. This book was released on 2018-04-11 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Copyright Reconstructed

Author : P. Bernt Hugenholtz
Publisher :
ISBN 13 : 9789041191250
Total Pages : 0 pages
Book Rating : 4.1/5 (912 download)

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Book Synopsis Copyright Reconstructed by : P. Bernt Hugenholtz

Download or read book Copyright Reconstructed written by P. Bernt Hugenholtz and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Right of Communication to the Public in EU Copyright Law

Author : Justin Koo
Publisher : Bloomsbury Publishing
ISBN 13 : 1509920676
Total Pages : 277 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Right of Communication to the Public in EU Copyright Law by : Justin Koo

Download or read book The Right of Communication to the Public in EU Copyright Law written by Justin Koo and published by Bloomsbury Publishing. This book was released on 2019-05-30 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy

Author :
Publisher : BRILL
ISBN 13 : 9004686215
Total Pages : 437 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy by :

Download or read book Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy written by and published by BRILL. This book was released on 2024-05-02 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Artificial Intelligence, Design Law and Fashion

Author : Hasan Kadir Yılmaztekin
Publisher : Taylor & Francis
ISBN 13 : 1000818799
Total Pages : 203 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Artificial Intelligence, Design Law and Fashion by : Hasan Kadir Yılmaztekin

Download or read book Artificial Intelligence, Design Law and Fashion written by Hasan Kadir Yılmaztekin and published by Taylor & Francis. This book was released on 2022-12-30 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Autonomous Legal Concept of Communication to the Public

Author : Branka Marušić
Publisher : Edward Elgar Publishing
ISBN 13 : 1035302233
Total Pages : 257 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis The Autonomous Legal Concept of Communication to the Public by : Branka Marušić

Download or read book The Autonomous Legal Concept of Communication to the Public written by Branka Marušić and published by Edward Elgar Publishing. This book was released on 2023-05-09 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Property Aspects of Intellectual Property

Author : Ole-Andreas Rognstad
Publisher : Cambridge University Press
ISBN 13 : 110869361X
Total Pages : 247 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Property Aspects of Intellectual Property by : Ole-Andreas Rognstad

Download or read book Property Aspects of Intellectual Property written by Ole-Andreas Rognstad and published by Cambridge University Press. This book was released on 2018-07-05 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years, there have been discussions about whether intellectual property (IP) is really property. The property concept, particularly when used in transnational and international concepts, remains somewhat elusive. Here, Ole-Andreas Rognstad comprehensively discusses the use of the property metaphor in relation to IP in a transnational perspective. Rognstad gives an overview of main aspects of the IP/property interface, notably the justification and the structuring of the rights and intellectual property rights as assets. Moreover, he highlights the importance of distinguishing between these aspects, even though they are closely linked to each other. The book takes a transnational approach, dealing with recent developments in European human/fundamental rights law and international investment law, helping readers to understand the practical implications of the IP/property interface. This will be valuable reading for academics, practitioners and policy makers working in the area of IP, and lawyers and philosophers interested in the property debate.

Injunctions Against Intermediaries in the European Union

Author : Martin Husovec
Publisher : Cambridge University Press
ISBN 13 : 1108246176
Total Pages : 297 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis Injunctions Against Intermediaries in the European Union by : Martin Husovec

Download or read book Injunctions Against Intermediaries in the European Union written by Martin Husovec and published by Cambridge University Press. This book was released on 2017-11-30 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.

Cambridge Intellectual Property and Information Law: Injunctions Against Intermediaries in the European Union

Author : Husovec, Martin
Publisher : Cambridge University Press
ISBN 13 : 1108247881
Total Pages : 297 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis Cambridge Intellectual Property and Information Law: Injunctions Against Intermediaries in the European Union by : Husovec, Martin

Download or read book Cambridge Intellectual Property and Information Law: Injunctions Against Intermediaries in the European Union written by Husovec, Martin and published by Cambridge University Press. This book was released on with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Global Mandatory Fair Use

Author : Tanya Aplin
Publisher : Cambridge University Press
ISBN 13 : 1108875599
Total Pages : 283 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Global Mandatory Fair Use by : Tanya Aplin

Download or read book Global Mandatory Fair Use written by Tanya Aplin and published by Cambridge University Press. This book was released on 2020-11-05 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Transition and Coherence in Intellectual Property Law

Author : Niklas Bruun
Publisher : Cambridge University Press
ISBN 13 : 1108670911
Total Pages : 531 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Transition and Coherence in Intellectual Property Law by : Niklas Bruun

Download or read book Transition and Coherence in Intellectual Property Law written by Niklas Bruun and published by Cambridge University Press. This book was released on 2021-01-07 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature and content of intellectual property (IP) law, which is heavily contingent on the state of technology and on social and market developments, has always been subject to ongoing transitions. How those transitions are effected and the shape they take is crucial to the ability of IP to achieve its stated goals and provide the necessary climate for investment in creativity, innovation and brand differentiation. Yet the need for change can run headlong into a desire for coherence. A search for coherence tests the limits of the concept of “intellectual property,” is imperiled by overlaps between different IP regimes, and calls for a unifying normative theme. This volume assembles contributors from across IP and the globe to explore these questions, including whether coherence is desirable. It should be read by anyone interested in understanding the conceptual underpinnings of one of the most important and dynamic areas of the law.

Copyright in the Digital Era

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309278988
Total Pages : 103 pages
Book Rating : 4.3/5 (92 download)

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Book Synopsis Copyright in the Digital Era by : National Research Council

Download or read book Copyright in the Digital Era written by National Research Council and published by National Academies Press. This book was released on 2013-04-30 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of several decades, copyright protection has been expanded and extended through legislative changes occasioned by national and international developments. The content and technology industries affected by copyright and its exceptions, and in some cases balancing the two, have become increasingly important as sources of economic growth, relatively high-paying jobs, and exports. Since the expansion of digital technology in the mid-1990s, they have undergone a technological revolution that has disrupted long-established modes of creating, distributing, and using works ranging from literature and news to film and music to scientific publications and computer software. In the United States and internationally, these disruptive changes have given rise to a strident debate over copyright's proper scope and terms and means of its enforcement-a debate between those who believe the digital revolution is progressively undermining the copyright protection essential to encourage the funding, creation, and distribution of new works and those who believe that enhancements to copyright are inhibiting technological innovation and free expression. Copyright in the Digital Era: Building Evidence for Policy examines a range of questions regarding copyright policy by using a variety of methods, such as case studies, international and sectoral comparisons, and experiments and surveys. This report is especially critical in light of digital age developments that may, for example, change the incentive calculus for various actors in the copyright system, impact the costs of voluntary copyright transactions, pose new enforcement challenges, and change the optimal balance between copyright protection and exceptions.

Re-thinking Intellectual Property

Author : YiJun Tian
Publisher : Routledge
ISBN 13 : 113403847X
Total Pages : 359 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Re-thinking Intellectual Property by : YiJun Tian

Download or read book Re-thinking Intellectual Property written by YiJun Tian and published by Routledge. This book was released on 2008-08-20 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the problems in the current Intellectual Property Rights regime, in the context of digitization, knowledge economy, and globalization. The volume also provides specific theoretical, policy and legislative suggestions for changes which would contribute to the establishment of an international knowledge equilibrium society.

The Economics of Copyright and the Internet: Moving to an Empirical Assessment Relevant in the Digital Era

Author : Sacha Wunsch-Vincent
Publisher : WIPO
ISBN 13 :
Total Pages : 19 pages
Book Rating : 4./5 ( download)

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Book Synopsis The Economics of Copyright and the Internet: Moving to an Empirical Assessment Relevant in the Digital Era by : Sacha Wunsch-Vincent

Download or read book The Economics of Copyright and the Internet: Moving to an Empirical Assessment Relevant in the Digital Era written by Sacha Wunsch-Vincent and published by WIPO. This book was released on 2013 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Technology and the Internet have triggered important changes to how creative works are created and accessed, and how creators and copyright-based industries generate their revenues. The authors reassess the economics of copyright in the light of these changes. After providing an introduction to the economics of copyright, they analyze the changes to the baseline copyright model triggered by the new technological landscape. Then, they assess the empirical economic work on copyright so far, and suggest future avenues of research and related data needs.

Rethinking Copyright

Author : R. Deazley
Publisher : Edward Elgar Publishing
ISBN 13 : 1847201628
Total Pages : 217 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis Rethinking Copyright by : R. Deazley

Download or read book Rethinking Copyright written by R. Deazley and published by Edward Elgar Publishing. This book was released on 2006 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Copyright is a small gem for an audience broader than copyright and intellectual property scholars, and well worth acquiring by a variety of general, corporate, law and academic libraries. Laurence Seidenberg, International Journal of Legal Information This excellent book raises again the controversial issue of whether we can learn anything and, if so, what from revisiting our past. Jeremy Phillips, ipkat.com All histories are about the present, not the past. Histories of copyright are no different: the pitched battles today over the nature of copyright frequently re-create a mythical past to shore up support for a partisan present. Deazley s Rethinking Copyright is a must have book for those who care about getting things right. Rethinking Copyright carefully reviews the critical formative years of statutory copyright (1710 1912), and then masterfully ties this foundational period to the current culture wars. It is a tour de force to be savored and returned to over and over again. William Patry, Senior Copyright Counsel, Google Inc., New York, US Two books in one, the first half of this manifesto offers a contrarian account of eighteenth and nineteenth-century English copyright history; the second contributes to the burgeoning rhetoric of the public domain in contemporary copyright scholarship. Deazley contends that, contrary to the common wisdom, common law copyright never existed in the eighteenth-century, but was a concerted creation of nineteenth-century treatise writers. He may not convince us that common law copyright was a myth, but he does compellingly demonstrate that, like the mythical giant Antaeus, whenever common law copyright seemed beaten down to the ground, it rose again with renewed force. He also persuades us that it may be a Herculean task to strangle the life out of the impulse, historical or otherwise, to believe that authors labors justify the contemporary default setting of the positive law in favor of proprietary rights. The second half, calling for reconceptualization of copyright as a derogation from the public s freedom to engage with works of authorship will surely provoke disagreement from many readers knowledgeable about copyright, but Deazley is an apt expositor of this increasingly popular trend in the legal academy. Jane C. Ginsburg, Columbia University School of Law, New York, US Copyright law remains hotly debated with the public domain contested territory. Ronan Deazley brings some welcome sanity to the discussion by revisiting the history of UK copyright law with a fresh eye and also by exploring the theoretical justifications for intellectual property in light of recent scholarship. The roles of rhetoric and legal writing in constructing copyright paradigms are the particular target of Deazley s critique. This is a provocative and challenging book which deserves a wide audience. Simon Stokes, Blake Lapthorn Tarlo Lyons and Bournemouth Law School, UK I have just finished reading Ronan Deazley s manuscript. It s a very enjoyable, readable book. As to content, I found it interesting, carefully researched, wide in scope, and thought-provoking even where I didn t agree with his conclusions. Catherine Seville, Newnham College, Cambridge, UK This book provides the reader with a critical insight into the history and theory of copyright within contemporary legal and cultural discourse. It exposes as myth the orthodox history of the development of copyright law in eighteenth-century Britain and explores the way in which that myth became entrenched throughout the nineteenth and early twentieth centuries. To this historical analysis are added two theoretical approaches to copyright not otherwise found in mainstream contemporary texts. Rethinking Copyright introduces the reader to copyright through the prism of the public domain before turning to the question as to how best to locate copyright within the parameters of traditional property discourse. Moreover, underpinning

Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era

Author : Jerry Jie Hua
Publisher : Springer
ISBN 13 : 3662435179
Total Pages : 225 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era by : Jerry Jie Hua

Download or read book Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era written by Jerry Jie Hua and published by Springer. This book was released on 2014-07-14 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on comparative research concerning both international conventions and laws, regulations, policies and cases from different jurisdictions, this book puts forward proposals for recovering the balance of interests between copyright holders, technological intermediaries and public users with regard to the access to, distribution and exploitation of copyright works. Four specific issues are discussed in detail: · an anti-circumvention rule for protection of technological measures that control access to copyright material; · indirect infringing liability for internet service providers and safe harbor regulations, which influence the dissemination of copyright works; · copyright limitations and exceptions especially under the digital network environment, which are relevant to the extent that users are allowed to exploit copyright works; · digital commons projects that promote the distribution and adaptation of copyright works placed under voluntary license schemes, which are relevant to the tolerance and encouragement of remix culture.

The Economics of Copyright

Author : Wendy J. Gordon
Publisher : Edward Elgar Publishing
ISBN 13 : 9781781956625
Total Pages : 238 pages
Book Rating : 4.9/5 (566 download)

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Book Synopsis The Economics of Copyright by : Wendy J. Gordon

Download or read book The Economics of Copyright written by Wendy J. Gordon and published by Edward Elgar Publishing. This book was released on 2003-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'In contrast to patent law, copyright law has been rather neglected by economists, and the book edited by Gordon and Watt will go a distance toward righting the balance. The topics are varied, the economic analysis in them both rigorous and accessible.' - Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US 'A valuable and intelligent compendium of analyses of an issue that is likely to prove increasingly crucial for economic efficiency and the general welfare. To those not conversant with the literature, the book is full of surprising and stimulating insights and analytic avenues. It takes us well beyond the obvious tradeoff between the benefits of stimulus of creativity and ease of dissemination that is the central issue, but by no means the only important issue for rules designed to protect intellectual property.' - William J. Baumol, New York University and Princeton University, US Presenting a selection of innovative research contributions written by some of the best-known academics in the field, The Economics of Copyright covers issues that are at the forefront of the implementation and management of copyright.