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Rethinking Intellectual Property
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Book Synopsis Rethinking Intellectual Property by : Gustavo Ghidini
Download or read book Rethinking Intellectual Property written by Gustavo Ghidini and published by Edward Elgar Publishing. This book was released on 2018-01-26 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.
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
Book Synopsis Piracy and Intellectual Property in Latin America by : Víctor Goldgel-Carballo
Download or read book Piracy and Intellectual Property in Latin America written by Víctor Goldgel-Carballo and published by Routledge. This book was released on 2020-03-03 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Piracy and Intellectual Property in Latin America is the first sustained effort to present an alternative framework for understanding piracy and contemporary challenges to global discourses on intellectual property (IP) in the Americas. While piracy might just look like theft and derivative reproduction from the perspective of many right-holders, the contributors to this volume go beyond this economic-driven logic and show how practices of copying are in fact practices of reinvention that reflect the rich social networks and forms of creativity, authorship, commerce, and consumption that characterize informal economies. From a perspective informed by contemporary scenarios in Mexico, Brazil, Chile, Argentina, Peru, Guatemala, and the United States, they engage in a discussion of alternatives that—predicated on the importance of protecting culture—allow for other ways of conceiving prosperity at local, national, regional, and global levels. Examples discussed include video games, clothing, trinkets, music, film, TV, and books. Designed to help understand the broader implications of IP and piracy for the field of Latin American studies, this book will be a major contribution to Global South studies, as well as to the growing bibliography on globalization, informal markets, and piracy.
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.
Book Synopsis Rethinking Copyright for Sustainable Human Development by : Sileshi Bedasie Hirko
Download or read book Rethinking Copyright for Sustainable Human Development written by Sileshi Bedasie Hirko and published by Routledge. This book was released on 2021-11-25 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interface between copyright and higher education, and their complementarities for the advancement of sustainable human development. In its broader sense, the concept of human development is noted as a set of freedoms and human capabilities that are essential for human flourishing. Adopting a rights-based human development and capability approach (HDCA), this book primarily examines the relevant policy and legal flexibilities under the existing international copyright system, and their implications for access to knowledge required for creative innovation and higher education. Exploring the interfaces between copyright and higher education, this book argues that an unbalanced and restrictive copyright system impedes reasonable access to knowledge, and stifles creative and learning freedoms or capabilities. In effect, a restrictive copyright system results in serious ramifications for sustainable human development. In view of its findings, this 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 joint roles for sustainable human development. Given its application of the HDCA to explore ranges of interlinked topics, this book will be of a great interest to researchers across the fields of intellectual property law, innovation, global development, human rights, and higher education.
Book Synopsis Artificial Intelligence and Intellectual Property by : Reto Hilty
Download or read book Artificial Intelligence and Intellectual Property written by Reto Hilty and published by Oxford University Press, USA. This book was released on 2021-02-25 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume provides a broad and comprehensive picture of the intersection between Artificial Intelligence technology and Intellectual Property law, covering business and the basics of AI, the interactions between AI and patent law, copyright law, and IP administration, and the legal aspects of software and data.
Book Synopsis Intellectual Property and Digital Content: Rethinking IP frameworks in a digital age by : Richard S. Gruner
Download or read book Intellectual Property and Digital Content: Rethinking IP frameworks in a digital age written by Richard S. Gruner and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intellectual Property and Development by : Rami M. Olwan
Download or read book Intellectual Property and Development written by Rami M. Olwan and published by Springer Science & Business Media. This book was released on 2013-03-15 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the correlation between Intellectual Property Law – notably copyright – on the one hand and social and economic development on the other. The main focus of the initial overview is on historical, legal, economic and cultural aspects. Building on that, the work subsequently investigates how intellectual property systems have to be designed in order to foster social and economic growth in developing countries and puts forward theoretical and practical solutions that should be considered and implemented by policy makers, legal experts and the Word Intellectual Property Organization (WIPO).
Book Synopsis Rethinking Commodification by : Martha Ertman
Download or read book Rethinking Commodification written by Martha Ertman and published by NYU Press. This book was released on 2005-08 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world that is often ruled by buyers and sellers, those things that are often considered priceless become objects to be marketed and from which to earn a profit.
Book Synopsis Rethinking Patent Law by : Robin Feldman
Download or read book Rethinking Patent Law written by Robin Feldman and published by Harvard University Press. This book was released on 2012-06-19 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific and technological innovations are forcing patent law into the spotlight and revealing its many glaring inadequacies. Take, for example, the patent case that almost shut down the BlackBerry, or the growing phenomenon of patent trolling, in which patents are acquired for the sole purpose of entrapping companies whose products relate to them. And patents on genes have everyone up in arms—and our courts confused. Robin Feldman explains why patents are causing so much trouble. The problem lies in our assumption that patents set clear boundaries for rights to an invention. In reality, they do no such thing. The very nature of inventions makes them impossible to describe unambiguously for all time. When something is so new that we do not understand yet how it works, what it is capable of doing, or how it could be applied—as is often the case in biotechnology—description is necessarily slippery. Instead of hoping for clear boundaries, and moaning when we don’t get them, Rethinking Patent Law urges lawmakers to focus on what the law can do well: craft rules that anticipate the bargaining that will occur as rights unfold. By steering clear of laws that distort the bargaining process, lawmakers can help courts answer difficult questions, such as whether genes, software, and business methods constitute patentable subject matter, whether patents in the life sciences should control inventions that have yet to be discovered, and how to resolve the battles between pharmaceutical companies and generics.
Book Synopsis The Future of Intellectual Property by : Daniel J. Gervais
Download or read book The Future of Intellectual Property written by Daniel J. Gervais and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights.
Book Synopsis Kritika: Essays on Intellectual Property by : Hanns Ullrich
Download or read book Kritika: Essays on Intellectual Property written by Hanns Ullrich and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.
Download or read book Special Issue written by Austin Sarat and published by Emerald Group Publishing Limited. This book was released on 2015-08-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This special issue of Studies in Law, Politics, and Society focuses on the issue of copyright. The papers contain critical analysis and investigation into existing copyright law and provide insight for policymakers and commentators.
Book Synopsis Rethinking Cyberlaw by : Jacqueline Lipton
Download or read book Rethinking Cyberlaw written by Jacqueline Lipton and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known
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: Copyright laws, along with other Intellectual Property Rights (IPRs), constitute the legal foundation for the "global knowledge-based economy" and copyright law now plays an increasingly important role in the creation of business fortunes, the access to and dissemination of knowledge, and human development in general. This book examines major problems in the current IPR regime, particularly the copyright regime, in the context of digitization, knowledge economy, and globalization. The book contends that the final goals of IP law and policy-making are to enhance the progress of science and economic development, and the use and even-distribution of intellectual resource at the global level. By referring to major international IP consensus, recent developments in regional IP forums and the successful experiences of various countries, YiJun Tian is able to provide specific theoretical, policy and legislative suggestions for addressing current copyright challenges. The book contends that each nation should strengthen the coordination of its IP protection and development strategies, adopt a more systematic and heterogeneous approach, and make IP theory, policy, specific legal mechanisms, marketing forces and all other available measures work collectively to deal with digital challenges and in a way that contributes to the establishment of a knowledge equilibrium international society.
Book Synopsis 3D Printing, Intellectual Property and Innovation by : Rosa Maria Ballardini
Download or read book 3D Printing, Intellectual Property and Innovation written by Rosa Maria Ballardini and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 3D printing (or, more correctly, additive manufacturing) is the general term for those software-driven technologies that create physical objects by successive layering of materials. Due to recent advances in the quality of objects produced and to lower processing costs, the increasing dispersion and availability of these technologies have major implications not only for manufacturers and distributors but also for users and consumers, raising unprecedented challenges for intellectual property protection and enforcement. This is the first and only book to discuss 3D printing technology from a multidisciplinary perspective that encompasses law, economics, engineering, technology, and policy. Originating in a collaborative study spearheaded by the Hanken School of Economics, the Aalto University and the University of Helsinki in Finland and engaging an international consortium of legal, design and production engineering experts, with substantial contributions from industrial partners, the book fully exposes and examines the fundamental questions related to the nexus of intellectual property law, emerging technologies, 3D printing, business innovation, and policy issues. Twenty-five legal, technical, and business experts contribute sixteen peer-reviewed chapters, each focusing on a specific area, that collectively evaluate the tensions created by 3D printing technology in the context of the global economy. The topics covered include: • current and future business models for 3D printing applications; • intellectual property rights in 3D printing; • essential patents and technical standards in additive manufacturing; • patent and bioprinting; • private use and 3D printing; • copyright licences on the user-generated content (UGC) in 3D printing; • copyright implications of 3D scanning; and • non-traditional trademark infringement in the 3D printing context. Specific industrial applications – including aeronautics, automotive industries, construction equipment, toy and jewellery making, medical devices, tissue engineering, and regenerative medicine – are all touched upon in the course of analyses. In a legal context, the central focus is on the technology’s implications for US and European intellectual property law, anchored in a comparison of relevant laws and cases in several legal systems. This work is a matchless resource for patent, copyright, and trademark attorneys and other corporate counsel, innovation economists, industrial designers and engineers, and academics and policymakers concerned with this complex topic.
Book Synopsis Radically Rethinking Copyright in the Arts by : James O. Young
Download or read book Radically Rethinking Copyright in the Arts written by James O. Young and published by Routledge. This book was released on 2020-06-11 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book radically rethinks the philosophical basis of copyright in the arts. The author reflects on the ontology of art to argue that current copyright laws cannot be justified. The book begins by identifying two problems that result from current copyright laws: (1) creativity is restricted and (2) they primarily serve the interests of large corporations over those of the artists and general public. Against this background, the author presents an account of the ontology of artworks and explains what metaphysics can tell us about ownership in the arts. Next, he makes a moral argument that copyright terms should be shorter and that corporations should not own copyrights. The remaining chapters tackle questions regarding the appropriation of tokens of artworks, pattern types, and artistic elements. The result is a sweeping reinterpretation of copyright in the arts that rests on sound ontological and moral foundations. Radically Rethinking Copyright in the Arts will be of interest to scholars and advanced students working in aesthetics and philosophy of art, metaphysics, philosophy of law, and intellectual property law.
