Intellectual Property Protection of Fact-based Works

Intellectual Property Protection of Fact-based Works

Author: Robert Brauneis

Publisher: Edward Elgar Publishing

Published: 2009-01-01

Total Pages: 361

ISBN-13: 1849801894

DOWNLOAD EBOOK

The 1991 US Supreme Court decision in Feist Publications Inc. v. Rural Telephone Service Co. held that factual matter is not subject to copyright protection because it is not original to the author, thus dramatically rejecting a two-century-old tradition of protecting factual compilations under copyright. The contributors to this book reassess this decision and its implications, particularly for the protection of electronic databases. The debate over fact-based works has grown still more complicated since Feist with the enactment of worldwide initiatives that extend the protection of databases, such as the European Union s Database Directive. A number of legal scholars have voiced their opinions on how Congress should react to the Court s decision and the Database Directive, but none have put forth a viable solution or questioned the debate s underlying assumptions. The contributors to this insightful book turn their attention to these overlooked aspects, approaching the protection of factual matter from a range of perspectives: policy, historical, comparative, empirical and philosophical. The range of viewpoints and disciplines represented in this compelling book will be of great interest to students, scholars and lawyers working in the area of intellectual property law.


Goldstein on Copyright

Goldstein on Copyright

Author: Goldstein

Publisher: Wolters Kluwer

Published: 2005-01-01

Total Pages: 5038

ISBN-13: 0735544859

DOWNLOAD EBOOK

A comprehensive treatise with detailed analysis of every aspect of copyright law, from registration to licensing to infringement and litigation. Written by Paul Goldstein, Professor of Law at Stanford University and of Counsel to Morrison & Foerster. Includes explanations of applicable copyright law to the music, publishing, motion picture, commercial art, and software industries. Also covers international copyright law, as well as the intersection of copyright law with bankruptcy, antitrust law, and Lanham Act doctrines that fill in the gaps in traditional copyright protection.


Copyright and Popular Media

Copyright and Popular Media

Author: T. Cvetkovski

Publisher: Springer

Published: 2013-03-21

Total Pages: 317

ISBN-13: 1137024607

DOWNLOAD EBOOK

Copyright governance is in a state of flux because the boundaries between legal and illegal consumption have blurred. Trajce Cvetkovski interrogates the disorganizational effects of piracy and emerging technologies on the political economy of copyright in popular music, film and gaming industries.


Nobody's Story

Nobody's Story

Author: Catherine Gallagher

Publisher: Univ of California Press

Published: 2023-04-28

Total Pages: 363

ISBN-13: 0520917146

DOWNLOAD EBOOK

Exploring the careers of five influential women writers of the Restoration and eighteenth century, Catherine Gallagher reveals the connections between the increasing prestige of female authorship, the economy of credit and debt, and the rise of the novel. The "nobodies" of her title are not ignored, silenced, or anonymous women. Instead, they are literal nobodies: the abstractions of authorial personae, printed books, intellectual property rights, literary reputations, debts and obligations, and fictional characters. These are the exchangeable tokens of modern authorship that lent new cultural power to the increasing number of women writers through the eighteenth century. Women writers, Gallagher discovers, invented and popularized numerous ingenious similarities between their gender and their occupation. The terms "woman," "author," "marketplace," and "fiction" come to define each other reciprocally. Gallagher analyzes the provocative plays of Aphra Behn, the scandalous court chronicles of Delarivier Manley, the properly fictional nobodies of Charlotte Lennox and Frances Burney, and finally Maria Edgeworth's attempts in the late eighteenth century to reform the unruly genre of the novel. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1996. Exploring the careers of five influential women writers of the Restoration and eighteenth century, Catherine Gallagher reveals the connections between the increasing prestige of female authorship, the economy of credit and debt, and the rise of the novel.


The Idea of Authorship in Copyright

The Idea of Authorship in Copyright

Author: Lior Zemer

Publisher: Routledge

Published: 2017-03-02

Total Pages: 179

ISBN-13: 1351888013

DOWNLOAD EBOOK

As information flows become increasingly ubiquitous in our post digital environment, the challenges to traditional concepts of intellectual property and the practices deriving from them are immense. The romantic understanding of the lone author as an endless source of new creations has to face these challenges. In order to do so, this work presents a collectivist model of intellectual property rights. The core argument is that since copyright works enjoy profit from significant public contribution, they should not be privately owned, but considered to be a joint enterprise, made real by both the public and author. It is argued that every copyright work depends on and is reflective of the author's exposure to externalities such as language, culture and the various social events and processes that occur in the public domain, therefore copyright works should not be regarded as exclusive private property. The study takes its organizing principle from John Locke, defining and proving the fatal flaw inherent in debates on copyright: on the one hand the copyright community is eager to arm authors with a robust property right over their creation, while on the other this community totally ignores the fact that the exposure of the individual to externalities is what makes him or her capable of creating material that is copyrightable. Just as Locke was against the absolute authority of kings, the expressed view of the study is against the exclusive right an author can claim.


The Fugitive's Properties

The Fugitive's Properties

Author: Stephen M. Best

Publisher: University of Chicago Press

Published: 2004-04-02

Total Pages: 384

ISBN-13: 9780226044330

DOWNLOAD EBOOK

In this study of literature and law before and since the Civil War, Stephen M. Best shows how American conceptions of slavery, property, and the idea of the fugitive were profoundly interconnected. The Fugitive's Properties uncovers a poetics of intangible, personified property emerging out of antebellum laws, circulating through key nineteenth-century works of literature, and informing cultural forms such as blackface minstrelsy and early race films. Best also argues that legal principles dealing with fugitives and indebted persons provided a sophisticated precursor to intellectual property law as it dealt with rights in appearance, expression, and other abstract aspects of personhood. In this conception of property as fleeting, indeed fugitive, American law preserved for much of the rest of the century slavery's most pressing legal imperative: the production of personhood as a market commodity. By revealing the paradoxes of this relationship between fugitive slave law and intellectual property law, Best helps us to understand how race achieved much of its force in the American cultural imagination. A work of ambitious scope and compelling cross-connections, The Fugitive's Properties sets new agendas for scholars of American literature and legal culture.


Intellectual Property Law

Intellectual Property Law

Author: Lionel Bently

Publisher: Oxford University Press

Published: 2022-10-31

Total Pages: 1561

ISBN-13: 0198869916

DOWNLOAD EBOOK

Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbook.co.uk/ebooks