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Author: Tanya Aplin
Publisher: Cambridge University Press
Published: 2020-11-05
Total Pages: 283
ISBN-13: 1108835457
DOWNLOAD EBOOKExamining a neglected aspect of international copyright law, this book highlights the obligation on nations to maintain broad copyright exceptions.
Author: Tanya Aplin
Publisher: Cambridge University Press
Published: 2020-11-05
Total Pages: 283
ISBN-13: 1108875599
DOWNLOAD EBOOKIn 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.
Author: Tanya Aplin
Publisher:
Published: 2021
Total Pages: 0
ISBN-13:
DOWNLOAD EBOOKAuthor: Shyamkrishna Balganesh
Publisher: Cambridge University Press
Published: 2021-01-07
Total Pages: 719
ISBN-13: 1108670873
DOWNLOAD EBOOKWhile copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.
Author: Alexander Peukert
Publisher: Cambridge University Press
Published: 2021-05-20
Total Pages: 219
ISBN-13: 1108750435
DOWNLOAD EBOOKIntellectual property (IP) law operates with the ontological assumption that immaterial goods such as works, inventions, and designs exist, and that these abstract types can be owned like a piece of land. Alexander Peukert provides a comprehensive critique of this paradigm, showing that the abstract IP object is a speech-based construct, which first crystalised in the eighteenth century. He highlights the theoretical flaws of metaphysical object ontology and introduces John Searle's social ontology as a more plausible approach to the subject matter of IP. On this basis, he proposes an IP theory under which IP rights provide their holders with an exclusive privilege to use reproducible 'Master Artefacts.' Such a legal-realist IP theory, Peukert argues, is both descriptively and prescriptively superior to the prevailing paradigm of the abstract IP object. This work was originally published in German and was translated by Gill Mertens.
Author: Ruth L. Okediji
Publisher: Cambridge University Press
Published: 2017-03-30
Total Pages: 543
ISBN-13: 1107132371
DOWNLOAD EBOOKIn this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.
Author: Laurence R. Helfer
Publisher: Cambridge University Press
Published: 2011-03-07
Total Pages: 567
ISBN-13: 1139496913
DOWNLOAD EBOOKThis book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.
Author: Sara Bannerman
Publisher: Cambridge University Press
Published: 2016-02-19
Total Pages: 278
ISBN-13: 1316445119
DOWNLOAD EBOOKThe principle of Access to Knowledge (A2K) has become a common reference point for a diverse set of agendas that all hope to realize technological and human potential by making knowledge more accessible. This book is a history of international copyright focused on principles of A2K and their proponents. Whilst debate and discussion so far has covered the perspectives of major western countries, the author's fresh approach to the topic considers emerging countries and NGOs, who have fought for the principles of A2K that are now fundamental to the system. Written in a clear and accessible style, the book connects copyright history to current problems, issues and events.
Author: Alan Davidson
Publisher: Cambridge University Press
Published: 2009-08-25
Total Pages: 438
ISBN-13: 1139479962
DOWNLOAD EBOOKWritten specifically for legal practitioners and students, this book examines the concerns, laws and regulations involved in Electronic Commerce. In just a few years, commerce via the World Wide Web and other online platforms has boomed, and a new field of legal theory and practice has emerged. Legislation has been enacted to keep pace with commercial realities, cyber-criminals and unforeseen social consequences, but the ever-evolving nature of new technologies has challenged the capacity of the courts to respond effectively. This book addresses the legal issues relating to the introduction and adoption of various forms of electronic commerce. From intellectual property, to issues of security and privacy, Alan Davidson looks at the practical changes for lawyers and commercial parties whilst providing a rationale for the underlying legal theory.
Author: Mark Davison
Publisher: Cambridge University Press
Published: 2016
Total Pages: 807
ISBN-13: 1107472296
DOWNLOAD EBOOKUpdated to include recent important developments in Australian intellectual property law, this is an essential text for students and professionals.
