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Implementing A Digital First Sale Doctrine Comparative Study Of The Eu And The Usa
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Book Synopsis Implementing a Digital First Sale Doctrine: Comparative Study of the E.U. and the U.S.A. by : Girish Agarwal
Download or read book Implementing a Digital First Sale Doctrine: Comparative Study of the E.U. and the U.S.A. written by Girish Agarwal and published by Anchor Academic Publishing (aap_verlag). This book was released on 2015-02 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumption of copyright materials such as, books, music, games, has changed dramatically in the internet age. We no more consume them as tangible goods. Instead we consume them as digital goods, which have characteristics different from tangible goods. The first sale doctrine in copyright law has been applied to tangible copyright goods since it was codified in the United States of America’s Copyright Act of 1909. But due to the difference in the method of consumption of copyright goods, it is hard to apply the doctrine to digital ones. The question whether it should be applied to digital goods gained prominence when Redigi, a second hand market place for digital copyright goods, was sued by Capitol Records Inc. for infringing its copyright. Is it appropriate to abrogate the doctrine when it comes to digital goods or whether the doctrine should be applied irrespective of the method of consumption, takes centre stage. There are divergent views to this debate. In the European Union, after the UsedSoft case, the view is generally more favourable towards the application of the doctrine to digital goods, whereas, in the United States of America the view is more restrictive. But what copyright needs is a harmony between the divergent views, more favourably towards the views of the European Union, since, there have been technological advancements that do replicate the transfer of tangible goods in the digital domain. The doctrine of first sale is necessary in copyright law, irrespective of the method of consumption, as it tends to achieve a dual purpose. The first is public benefit. This it achieves by allowing more people to have access to literature and art. The second is economic benefit. It increases the overall economic activity by creating a market for second hand goods. But what should be kept in mind is that digital goods do have characteristics that make them easy to copy and distribute, which increases piracy. But should the answer to the problem lie in abrogating the doctrine for digital goods or in technology itself, there will be a problem. This is because once the doctrine has been abrogated, it will be almost impossible to reintroduce it, if and when technology should change and there rises a need for the doctrine. But if you let the doctrine be as it is and let technology accommodate the doctrine then it is much safer.
Book Synopsis Copyright Exhaustion by : Péter Mezei
Download or read book Copyright Exhaustion written by Péter Mezei and published by Cambridge University Press. This book was released on 2018-02-15 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely book, copyright scholar Péter Mezei offers a comprehensive examination of copyright exhaustion, including its historical development, theoretical framework, practical application, and policy considerations. He compares the substantive norms and case law for the first-sale doctrine in the United States and in the European Union, covering both analogue and digital applications in detail, and in doing so questions the common rejection of exhaustion in the resale of digital subject matter such as computer programs, sound recordings, audiovisual works, and e-books. Instead, he proposes a digital first-sale doctrine that would offer legal consistency to copyright law and a technologically feasible framework for content producers and consumers. This book should be read by anyone interested in how copyright law continues to evolve in conjunction with the digital world.
Book Synopsis Copyright Exhaustion by : Péter Mezei
Download or read book Copyright Exhaustion written by Péter Mezei and published by Cambridge University Press. This book was released on 2022-02-24 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Second Edition of Copyright Exhaustion, copyright scholar Péter Mezei offers an expanded examination of copyright exhaustion, including its historical development, theoretical framework, practical applications, and policy considerations. He includes updated case law and statutory developments for the first-sale doctrine in the United States and in the European Union, covering both analogue and digital applications with an eye toward scrutinizing the common rejection of exhaustion in the resale of digital subject matter including computer programs, sound recordings, audiovisual works, and e-books. He advocates for a digital first-sale doctrine that would offer legal consistency to copyright law and a technologically feasible framework for content producers and consumers.
Book Synopsis Social Media and Democracy by : Nathaniel Persily
Download or read book Social Media and Democracy written by Nathaniel Persily and published by Cambridge University Press. This book was released on 2020-09-03 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.
Book Synopsis Copyright in the EU Digital Single Market by : Giuseppe Mazziotti
Download or read book Copyright in the EU Digital Single Market written by Giuseppe Mazziotti and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inside the EU, modernizing its copyright framework for the Internet age is considered a key step toward a Digital Single Market in the creative content sectors. To explore the most suitable and realistic policy options to achieve this objective, the CEPS formed a task force to foster a multistakeholder dialogue on the major challenges for copyright law in the online content sector today. Drawing on those discussions, this report contains the conclusions and policy recommendations organized around three main themes: - Licensing rules and practices in the online music and film sectors - The definition and implementation of copyright exceptions in the digital environment - The present and future of online copyright enforcement in Europe
Download or read book Current Law Index written by and published by . This book was released on 2007 with total page 1560 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis How to Fix Copyright by : William Patry
Download or read book How to Fix Copyright written by William Patry and published by Oxford University Press. This book was released on 2012-01-02 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do copyright laws directly cause people to create works they otherwise wouldn't create? Do those laws directly put substantial amounts of money into authors' pockets? Does culture depend on copyright? Are copyright laws a key driver of competitiveness and of the knowledge economy? These are the key questions William Patry addresses in How to Fix Copyright. We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment. Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying. Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity. The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.
Author :United States. Information Infrastructure Task Force. Working Group on Intellectual Property Rights Publisher :DIANE Publishing ISBN 13 :0788124153 Total Pages :264 pages Book Rating :4.7/5 (881 download)
Book Synopsis Intellectual Property and the National Information Infrastructure by : United States. Information Infrastructure Task Force. Working Group on Intellectual Property Rights
Download or read book Intellectual Property and the National Information Infrastructure written by United States. Information Infrastructure Task Force. Working Group on Intellectual Property Rights and published by DIANE Publishing. This book was released on 1995 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This now famous White Paper provides rules for our digital highway.Ó Examines each of the major areas of intellectual property law, focusing primarily on copyright law & its application & effectiveness, especially subject matter & scope of protection, copyright ownership, term of protection, exclusive rights, limitations on exclusive rights, copyright infringement. Holds Internet service providers legally accountable for copyright & other infringements by their users. Judges are beginning to use this document to form case law.
Book Synopsis The Making Available Right by : Cheryl Foong
Download or read book The Making Available Right written by Cheryl Foong and published by Edward Elgar Publishing. This book was released on 2019 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} The right of copyright owners to make their content available to the public is crucial in an environment driven by access. The Making Available Right provides in-depth analysis of this exclusive right and offers insights on how we can approach the right in a more transparent and principled manner. This thought-provoking book brings together detailed analysis of the law and a broader consideration of copyright’s fundamental aims, and will be of interest to judges, practitioners and scholars concerned about how copyright deals with access going forward.
Book Synopsis Collective Management of Copyright and Related Rights by : World Intellectual Property Organization
Download or read book Collective Management of Copyright and Related Rights written by World Intellectual Property Organization and published by WIPO. This book was released on 2022-12-22 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.
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 2013-05-30 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.
Book Synopsis The Antitrust Paradox by : Robert Bork
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Book Synopsis Software and Internet Law by : Mark A. Lemley
Download or read book Software and Internet Law written by Mark A. Lemley and published by Aspen Publishing. This book was released on 2014-12-09 with total page 1724 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the first casebooks in the field, Software and Internet Law presents clear and incisive writing, milestone cases and legislation, and questions and problems that reflect the authors' extensive knowledge and classroom experience. Technical terms are defined in context to make the text accessible for students and professors with minimal background in technology, the software industry, or the Internet. Always ahead of the curve, the Fourth Edition adds coverage and commentary on developing law, such as the Digital Millennium Copyright Act's Safe Harbor, the Electronic Communications Privacy Act, and the Stored Communications Act. Hard-wired features of Software and Internet Law include: consistent focus on how lawyers service the software industry and the Internet broad coverage of all aspects of U.S. software and internet law;with a focus on intellectual property, licensing, and cyberlaw The Fourth Edition responds to this fast-changing field with coverage of : the Digital Millennium Copyright Act's Safe Harbor the Electronic Communications Privacy Act the Stored Communications Act Hot News; Misappropriation Civil Uses of the Computer Fraud and Abuse Act
Book Synopsis EU Copyright Law by : Irini Stamatoudi
Download or read book EU Copyright Law written by Irini Stamatoudi and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 1303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.
Book Synopsis Private Copying and Fair Compensation by : Martin Kretschmer
Download or read book Private Copying and Fair Compensation written by Martin Kretschmer and published by Anchor Books. This book was released on 2012 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Global Trends 2040 by : National Intelligence Council
Download or read book Global Trends 2040 written by National Intelligence Council and published by Cosimo Reports. This book was released on 2021-03 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come." -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading.
Author :Mireille M. M. van Eechoud Publisher :Kluwer Law International B.V. ISBN 13 :9041131302 Total Pages :402 pages Book Rating :4.0/5 (411 download)
Book Synopsis Harmonizing European Copyright Law by : Mireille M. M. van Eechoud
Download or read book Harmonizing European Copyright Law written by Mireille M. M. van Eechoud and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.