Publishing and the Law
Publishing and the Law

Author: Linda S Katz

Publisher: Routledge

Published: 2013-08-27

Total Pages: 212

ISBN-13: 1134734956

DOWNLOAD EBOOK

Get the latest information on new developments in copyright law! This timely volume sheds light on the important legal issues that influence the scholarly publishing world. The often-confusing field of publishing law--including copyright, licensing, liability, electronic publishing, and taxation--is going through an unprecedented upheaval as we move into the twenty-first century. Publishing and the Law: Current Legal Issues offers clear, current explanations of the implications of recent laws and technologies and predicts what further changes to expect. Featuring legal, business, and publishing experts, Publishing and the Law discusses the wide-ranging implications of the decline of fair use, the rise of software licensing, the Communications Decency Act, and such landmark legal cases as LaMacchia, Feist, and Matthew Bender. Questions of ownership, fair use, and licensing--historically a problem for authors such as Twain and Dickens--have become exacerbated by the fact that information is no longer static, but rather fluid and transportable. Publishing and the Law addresses the vital questions of interest to librarians, publishers, and scholars, including: How will changing technologies affect the legal status of libraries, universities, authors, and publishers? What are the latest trends in liability for authors and publishers? How does anti-trust law affect library budgets? Why is copyright giving way to licensing, and what does that mean for libraries? How has the definition of fair use changed? Do attempts to censor the Internet abrogate First Amendment rights? How does electronic publishing force changes to the rules that worked for traditional printed books and journals? In an age of advancing technology, Congress and the courts will be called upon with more and more frequency to maintain a balance between the copyright holder's economic interests and society's right to have access to information. Librarians, university administrators, authors, and publishers can benefit from Publishing and the Law: Current Legal Issues to help them understand current trends in intellectual property law.

From Dialogue to Disagreement in Comparative Rights Constitutionalism
From Dialogue to Disagreement in Comparative Rights Constitutionalism

Author: Scott Stephenson

Publisher: Holt Prize

Published: 2016

Total Pages: 243

ISBN-13: 9781760020675

DOWNLOAD EBOOK

The bills of rights adopted in the Commonwealth countries of Canada, New Zealand, the United Kingdom and, at the subnational level, Australia in recent decades, have prompted scholars and institutional actors involved in the process of constitutional design and reform to rethink how to evaluate and compare the different approaches to human rights protection. They have challenged a number of assumptions in the field, for example, that courts must have the power to invalidate laws that are found to violate rights (ie courts can now be given non-binding powers), that courts must have the 'final word' on rights issues (ie legislatures can now be given the power to override judicial decisions) and that bills of rights are enforced exclusively by courts (ie legislators can now be given new responsibilities to ensure that the laws they enact are compatible with rights).This book addresses three questions arising from these developments. How do these new bills of rights differ from the traditional approaches to rights protection? Why, if at all, should we consider the Commonwealth's approach over the traditional approaches? What compromises must be struck in the course of adopting a bill of rights of this variety? In answering these questions, the book sets out a new framework for comparison that focuses on the types of inter-institutional disagreement facilitated by and found in the different approaches to rights protection. It also identifies a previously unrecognised element of the Commonwealth's approach - the normative trade-offs with other constitutional principles and values - that is pivotal to understanding its operation. Finally, it seeks to contribute to future debates about rights reform in Australia and elsewhere by setting out a number of lessons that emerge from the answers to these three questions.**Dr Scott Stephenson, From Dialogue to Disagreement in Comparative Rights Constitutionalism, was joint winner of the inaugural Holt Prize 2015.

The Right of Publicity
The Right of Publicity

Author: Jennifer Rothman

Publisher: Harvard University Press

Published: 2018-05-07

Total Pages: 170

ISBN-13: 0674986350

DOWNLOAD EBOOK

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.

Courts, Politics and Constitutional Law
Courts, Politics and Constitutional Law

Author: Martin Belov

Publisher: Routledge

Published: 2019-10-16

Total Pages: 201

ISBN-13: 1000707970

DOWNLOAD EBOOK

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Investment Treaties and the Legal Imagination
Investment Treaties and the Legal Imagination

Author: Nicolás M. Perrone

Publisher: Oxford University Press, USA

Published: 2021-02-11

Total Pages: 273

ISBN-13: 0198862148

DOWNLOAD EBOOK

This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.