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Author: Jan Rosén
Publisher: Edward Elgar Publishing
Published: 2012
Total Pages: 393
ISBN-13: 0857939610
DOWNLOAD EBOOKThis title embraces fundamental, eternal and yet very contemporary elements in IP law dealt with in all parts of the world.
Author: Gerard Michael Emershaw
Publisher: Createspace Independent Publishing Platform
Published: 2014-09-07
Total Pages: 0
ISBN-13: 9781493795789
DOWNLOAD EBOOKIn his book Culture Warrior, Bill O'Reilly--the host of the Fox News Channel show "The O'Reilly Factor"--incorrectly characterizes the Culture War as a social, political, and intellectual struggle between "traditionalists" and "secular-progressives." THE REAL CULTURE WAR analyzes, dissects, and discredits Bill O'Reilly's conception of the Culture War and argues that he gets it all wrong. His "traditionalism" and "secular-progressivism" are merely two heads of the same collectivist beast. THE REAL CULTURE WAR pits Individualism versus Collectivism. Individualism states that human beings have intrinsic value and possess the natural rights to life, liberty, and property. This view was held by the Founding Fathers. Collectivism states that human beings only have value in virtue of their relationship to the collective. This view was held by the "Philosopher-Kings" (PKs)--tyrannical leaders who view themselves as enlightened and exempt themselves from the draconian laws they force upon others. PKs discussed in THE REAL CULTURE WAR include Mussolini, Hitler, Stalin, and Mao as well as American leaders Theodore Roosevelt, Woodrow Wilson, Herbert Hoover, Franklin D. Roosevelt, Al Gore, George W. Bush, and Barack Obama. The intellectual, historical, and empirical foundations of Individualism and Collectivism are examined, and it is argued that logic and reason establish that Individualism is the superior worldview because Individualism naturally leads to peace, prosperity, and freedom whereas Collectivism invariably leads to war, poverty, and tyranny. Specific formulations of Collectivism--Communism, Fascism/Nazism, Progressivism, Environmentalism, Neoconservatism, Racism, Religionism, Corporatism, and Labor Unionism--are fully exposed and critiqued. Next, an alternate conception of government in the form of the Individualist State is developed and defended while building the "Night-Watchman State" from first principles. Within this "Minarchist State" is a system of taxation which provides a justifiable connection between the tax paid by the people in order to maintain the State whose duty it is to defend the natural rights of the people. These natural rights--life, liberty, and property--are each examined in depth and controversial issues related to them are analyzed fully in order to present philosophically sound solutions. Additionally, the structure and functions of the three branches of government--Executive, Legislative, and Judicial--of the Individualist State are explained, and it is demonstrated that the form of government written into the Constitution is a "Night-Watchman State" similar to the Individualist State. Later, modern threats to Individualism--the economic tyranny of the Federal Reserve, the globalism of the New World Order, and the collectivist Neo-Progressivism of President Barack Obama--within the United States are described in detail. Finally, a five-step plan of action is revealed for what individualists can do to win the Real Culture War.
Author: Kembrew McLeod
Publisher: Peter Lang Incorporated, International Academic Publishers
Published: 2001
Total Pages: 304
ISBN-13:
DOWNLOAD EBOOKOwning Culture demonstrates how intellectual property law has expanded to allow for private ownership of a remarkable array of things, from the patenting of human genes linked to breast cancer to the trademarking of the phrases «home style» and «freedom of ownership.» This book examines diverse areas of contemporary life affected by intellectual property law, including sampling practices in hip-hop music, the appropriation of Third World indigenous knowledge about the medical uses of plants, the effects of seed patenting on farming, and the impact of copyright law on folk music-making. By placing under scrutiny the individualistic, Western conception of the «author» that grounds intellectual property law, Kembrew McLeod shows how borrowing practices have been - and continue to be - central to cultural production. Additionally, this book highlights how intellectual property law facilitates the privatization of culture and the transfer of power into the hands of wealthy individuals and corporations. Clearly written, thoughtful, and thought provoking, Owning Culture provides an innovative approach to the study of culture and law.
Author: Wendy J. Gordon
Publisher:
Published: 1993
Total Pages: 77
ISBN-13:
DOWNLOAD EBOOKAuthor: Walter G. Park
Publisher: Edward Elgar Publishing
Published: 2024-09-06
Total Pages: 531
ISBN-13: 1800880626
DOWNLOAD EBOOKProviding a panoramic overview of the field, this Handbook examines the intellectual property (IP) rights that protect artistic and inventive works, demonstrating that innovation and creativity require appropriate practical institutions alongside imagination and inspiration. Advancing key debates in the field, it identifies important reforms and mechanisms to improve IP systems for both the creators and users of protected works.
Author: Rosemary J. Coombe
Publisher: Duke University Press
Published: 1998-10-13
Total Pages: 480
ISBN-13: 0822382490
DOWNLOAD EBOOKLogos, trademarks, national insignia, brand names, celebrity images, design patents, and advertising texts are vibrant signs in a consumer culture governed by a regime of intellectual property laws. In The Cultural Life of Intellectual Properties, professor of law and cultural anthropologist Rosemary J. Coombe brings an illuminating ethnographic approach to an analysis of authorship and the role law plays in shaping the various meanings that animate these protected properties in the public sphere. Although such artifacts are ubiquitous in contemporary culture, little attention has been paid to the impact of intellectual property law in everyday life or to how ownership of specific intellectual properties is determined and exercised. Drawing on a wide range of cases, disputes, and local struggles, Coombe examines these issues and dismantles the legal assumption that the meaning and value of a text or image is produced exclusively by an individual author or that authorship has a single point of origin. In the process, she examines controversies that include the service of turbanned Sikhs in the Royal Canadian Mounted Police and the use of the term Olympic in reference to the proposed gay Olympic Games. Other chapters discuss the appropriation of such celebrity images as the Marx brothers, Judy Garland, Dolly Parton, James Dean, and Luke Skywalker; the conflict over team names such as the Washington Redskins; and the opposition of indigenous peoples to stereotypical Native American insignia proffered by the entertainment industry. Ultimately, she makes a case for redefining the political in commodified cultural environments. Significant for its insights into the political significance of current intellectual property law, this book also provides new perspectives on debates in cultural anthropology, cultural studies, and political theory. It will therefore interest both a wide scholarly and a general audience.
Author: Nikita Malevanny
Publisher: Springer Nature
Published: 2019-08-30
Total Pages: 423
ISBN-13: 3662596997
DOWNLOAD EBOOKThis book analyzes regulatory models established in the field of online music distribution, and examines their consistency with the overarching objectives of copyright law. In order to do so, the book takes a deep dive into the provisions of international treaties, EU Directives as well as the German and US copyright systems and case law. It subsequently scrutinizes the identified regulatory models from the standpoint of the copyright’s objectives with regard to incentives, rewards, a level playing field, and dissemination. Lastly, it endorses the improved market-based statutory license as a preferable instrument in the online music field. The book is intended for all readers with an interest in music copyright law. Part I will especially benefit copyright scholars and practitioners seeking in-depth insights into the current legal situation regarding streaming and downloading. In turn, Part II will above all appeal to scholars interested in “law and economics” and in the theoretical foundations of online music copyright. Policy recommendations can be found in Part III.
Author: Alina Wernick
Publisher: Springer Nature
Published: 2021-05-13
Total Pages: 450
ISBN-13: 3030722570
DOWNLOAD EBOOKThe patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.
Author: Duncan Matthews
Publisher: Edward Elgar Publishing
Published: 2017-06-30
Total Pages: 529
ISBN-13: 1783479450
DOWNLOAD EBOOKIntellectual property (IP) is a key component of the life sciences, one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences raises new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry to provide in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The Research Handbook focuses on the relationship between IP and the life sciences in Europe and the United States, complemented by country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective.
Author: Kazuhide Odaki
Publisher: Bloomsbury Publishing
Published: 2018-10-18
Total Pages: 211
ISBN-13: 1509920331
DOWNLOAD EBOOKAlthough employers are required to pay compensation for employee inventions under the laws in many countries, existing legal literature has never critically examined whether such compensation actually gives employee inventors an incentive to invent as the legislature intends. This book addresses the issue through reference to recent, large-scale surveys on the motivation of employee inventors (in Europe, the United States and Japan) and studies in social psychology and econometrics, arguing that the compensation is unlikely to boost the motivation, productivity and creativity of employee inventors, and thereby encourage the creation of inventions. It also discusses the ownership of inventions made by university researchers, giving due consideration to the need to ensure open science and their academic freedom. Challenging popular assumptions, this book provides a solution to a critical issue by arguing that compensation for employee inventions should not be made mandatory regardless of jurisdiction because there is no legitimate reason to require employers to pay it. This means that patent law does not need to give employee inventors an 'incentive to invent' separately from the 'incentive to innovate' which is already given to employers.
