New Challenges of Chinese Copyright Law in the Digital Age
New Challenges of Chinese Copyright Law in the Digital Age

Author: Seagull Haiyan Song

Publisher: Kluwer Law International B.V.

Published: 2011-11-04

Total Pages: 106

ISBN-13: 9041142363

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This very useful book compares the legislation and case law of Chinese copyright law with those of the United States and European countries, focusing on three subjects - the liability of Internet Service Providers, the ‘fair use’ versus ‘fair dealing’ copyright doctrine, and the copyrightability of live sports telecasts - all of which are unsettled questions of law under the existing copyright regime. Among the important aspects covered are the following: secondary liability theories worldwide, including contributory liability, vicarious liability, inducement liability and joint liability; legislative and technology responses to online piracy: “graduated response” program and fingerprint filtering technology; pros and cons of the fair-use doctrine v. fair-dealing doctrine; different outcomes of the Google litigation worldwide; copyrightability of sports telecasts; China’s strategy in combating online piracy of live sports telecasts during the 2008 Beijing Summer Olympic Games.

Copyright Law in the Digital World
Copyright Law in the Digital World

Author: Manoj Kumar Sinha

Publisher: Springer

Published: 2017-03-06

Total Pages: 334

ISBN-13: 9811039844

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This book addresses the key issues, challenges and implications arising out of changes in the copyright law and corresponding judicial responses. Using concrete examples, the book does not assume any prior knowledge of copyright law, but brings together leading intellectual property researchers to consider the significant role of copyright law in shaping the needs of the modern digital world. It provides an insight into two distinct arenas: copyright and digital media. The exponential increase in the ability to multiply and disseminate information by digital means has sparked numerous conflicts pertaining to copyright – and in turn has prompted lawmakers to expand the scope of copyright protection in the digital age. Bearing in mind the new questions that the advent of the digital age has raised on the role and function of copyright, the book presents a collection of papers largely covering new frontiers and changing horizons especially in this area. The contributions intensively address core issues including the exhaustion principle, copyright and digital media, liability of hosting service providers, the originality requirement, accessibility to published works for the visually disabled, criminalization of copyright infringement, and software protection under copyright law, among others. Consisting of 14 papers, this book will be equally interesting to researchers, policymakers, practitioners and lawmakers, especially those active in the field of Intellectual Property Rights (IPR).

Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era
Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era

Author: Jerry Jie Hua

Publisher: Springer

Published: 2014-07-14

Total Pages: 247

ISBN-13: 3662435179

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Based on comparative research concerning both international conventions and laws, regulations, policies and cases from different jurisdictions, this book puts forward proposals for recovering the balance of interests between copyright holders, technological intermediaries and public users with regard to the access to, distribution and exploitation of copyright works. Four specific issues are discussed in detail: · an anti-circumvention rule for protection of technological measures that control access to copyright material; · indirect infringing liability for internet service providers and safe harbor regulations, which influence the dissemination of copyright works; · copyright limitations and exceptions especially under the digital network environment, which are relevant to the extent that users are allowed to exploit copyright works; · digital commons projects that promote the distribution and adaptation of copyright works placed under voluntary license schemes, which are relevant to the tolerance and encouragement of remix culture.

Internet Intermediaries and Trade Mark Rights
Internet Intermediaries and Trade Mark Rights

Author: Althaf Marsoof

Publisher: Routledge

Published: 2019-06-05

Total Pages: 434

ISBN-13: 1351208497

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Despite the apparent advantages of the internet, there is little debate that it facilitates intellectual property infringements, including infringements of trade mark rights. Infringers not only remain hidden by the anonymity the internet provides but also take advantage of its increasing reach and the associated challenges with regard to cross-border enforcement of rights. These factors, among others, have rendered the internet a growing source of counterfeit and other infringing products. It has, therefore, become necessary for right holders to shift their focus from individual infringers to internet intermediaries, such as Internet Service Providers (ISPs), hosts and navigation providers, which are responsible in numerous ways for making content promoting infringements available to internet users. In light of these developments, this book conducts a comprehensive analysis of the liability of such intermediaries for trade mark infringements and considers the associated issues and challenges in the diverging approaches under which liability may be imposed. At present, however, neither UK trade mark law nor English common-law principles relating to accessorial liability provide a basis to hold internet intermediaries liable for trade mark infringements. As such, this book considers approaches adopted in some of the Continental European countries and the US in order to propose reforms aimed at addressing gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions, and discusses the associated shortcomings of each of these remedies.

Intellectual Property and Sports
Intellectual Property and Sports

Author: Martin Senftleben

Publisher: Kluwer Law International B.V.

Published: 2021-09-02

Total Pages: 695

ISBN-13: 9403537531

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Renowned intellectual property law expert Bernt Hugenholtz once warned, chiding the voracity of copyright, that reducing the subject matter test to mere originality and personal stamp might lead to ‘infinite expansion of the concept of the work of authorship. Anything touched by human hand, including for instance sports performances, would be deemed a work’. Indeed, the applicability of copyright law on sports events and players’ moves is one of the many topics discussed in this volume, which spans issues from those related to players and their performances and achievements, via those relevant to sports event organisers and clubs, to questions concerning event reporting and data and the growing role of AI technologies in sports. Well-known authorities in intellectual property law speculate on the nexus of sports and intellectual property in its widest sense, elucidating such aspects as the following: neighbouring rights for organisers of sports events; ethnic and cultural references in team and league branding; legality of reselling event tickets; use of artificial intelligence in refereeing; related rights protection of images; e-sports and fantasy leagues; and sports celebrities and character merchandising. There are also several intriguing comparative chapters on intellectual property aspects in such parallel domains as body art, movement, carnivals, choreography, and chess. Both profound and entertaining, this unique volume will be appreciated by practitioners, jurists, and academics interested in intellectual property rights as well as in sports law.

Annotated Leading Copyright Cases in Major Asian Jurisdictions
Annotated Leading Copyright Cases in Major Asian Jurisdictions

Author: Kung-Chung Liu

Publisher: City University of HK Press

Published: 2019-07-17

Total Pages: 564

ISBN-13: 9629373807

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In this second volume of the Applied Research Center for Intellectual Assets and the Law in Asia (ARCIALA) series, thirty-seven eminent scholars and practitioners from Asia and the United States have come together to comprehensively assess leading copyright cases from eight major Asian jurisdictions (People’s Republic of China (PRC), India, Japan, Korea, Malaysia, the Philippines, Singapore, and Taiwan). This book contains thirty-six case reports that focus on six topics that reflect the current trends in Asian copyright law—namely, digital copyright, collective copyright (including the management of copyright and the interface between collecting societies and competition law), criminal copyright (with a discussion of criminal punishment for copyright infringement), limits to copyright (such as fair use and exhaustion), the relationship between copyright laws and other forms of protection, and choice of jurisdiction and applicable law in copyright litigation. Each case report deconstructs the legal background, facts, and rationale of the decision in a particular landmark case, and then discusses the commercial or industrial significance and application. Notably, this includes an analysis of The Hague Convention on Choice of Court Agreements and its adoption in Singapore, which is, to date, the only Asian country to have fully ratified it. Taken together, this volume presents a useful guide for copyright practitioners, professionals, lawyers, and judges alike in addition to acting as a primer for students and businessmen planning to enter Asia’s exciting world of copyright. It also serves as a handbook for policy makers, both within Asia and further afield.

Information Ethics in the Electronic Age
Information Ethics in the Electronic Age

Author: Tom Mendina

Publisher: McFarland

Published: 2010-06-28

Total Pages: 198

ISBN-13: 0786481323

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This collection of essays explores the ethical issues that arise when information technology seems to exceed and even contradict the purpose of its creators. The studies focus upon the management of information technology, specifically the Internet, considering the most ethical ways of generating, using, and controlling information technology in our time. Section One includes essays pertaining to Africa’s place in the 21st century, including democracy, information flow, connections with the world through the Internet, telecommunications, Uganda and the digital divide, and an examination of a pilot study in South Africa for developing a universal tool to measure information poverty. The essays of Section Two cover topical library issues, such as professional information organizations and their ethic codes, communicating ethics when teaching electronic research to undergraduates, pay-for-placement search engines, consumer health information services, laws applying to confidentiality of library records, privacy control after September 11, cybercrime investigation, and the technologies protecting copyright. The essays were originally presented at the “Ethics of Electronic Information in the 21st Century” symposium held at the University of Memphis on October 24-27, 2002. Each includes references and helpful Internet resources.

Regulatory Model for Digital Rights Management
Regulatory Model for Digital Rights Management

Author: Cong Xu

Publisher: Springer Nature

Published: 2020-02-13

Total Pages: 257

ISBN-13: 9811519951

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​This book highlights the shortcomings of the present Digital Rights Management (DRM) regulations in China. Using literature reviews and comparative analysis from theoretical and empirical perspectives, it appraises different DRM restriction regulations and practices as well as current advice on balance of interests to analyze the dilemma faced by the DRM system. This research intends to help China establish a comprehensive DRM regulatory model through comparative theoretical and empirical critiques of systems in America and Europe. A newly designed DRM regulatory model should be suitable for specific Chinese features, and should consist of government regulated, self-regulated, and even unregulated sections. The new regulation model might be an addition to existing legal structures, while self-regulations/social enforcement also would be as important as legislation based on case studies.

Insurance Law in China
Insurance Law in China

Author: Johanna Hjalmarsson

Publisher: CRC Press

Published: 2014-11-20

Total Pages: 429

ISBN-13: 1317665201

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The Chinese insurance market is expanding enormously as risk adversity takes hold in the economy while the role of the State as guarantor of commerce is gradually reduced. In addition, insurance is a heavily regulated field with detailed contract law stipulations. An introduction to regulation and contract law and an understanding of current issues is essential for someone seeking to do business in the Chinese market. Insurance law is also a field that translates well from one jurisdiction to another, and academics will be interested in understanding how issues are dealt with in another jurisdiction. The book seeks to present and discuss current topics in Chinese insurance law and regulation to an English-speaking audience knowledgeable of common law insurance law and international insurance business. The combined effect of the papers is to present Chinese insurance law to an audience unfamiliar with Chinese law, in a readable and accessible essay chapter format. Each chapter is written by an expert in the field and goes beyond a basic introduction to provide in depth well-researched information and academic analysis on the topic in question.

Copyright Law, Digital Content and the Internet in the Asia-Pacific
Copyright Law, Digital Content and the Internet in the Asia-Pacific

Author: Brian F. Fitzgerald

Publisher:

Published: 2008

Total Pages: 442

ISBN-13:

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Copyright Law, Digital Content and the Internet in the Asia-Pacific provides a unique insight into the key issues facing copyright law and digital content policy in a networked information world. It emanates from a landmark conference - The First International Forum on the Content Industry and Intellectual Property - organised by Queensland University of Technology, The ARC Centre of Excellence for Creative Industries and Innovation and East China University of Political Science and Law in Shanghai in 2007. The book features chapters from a wide range of experts in their respective fields from across the Asia-Pacific region, including Australia, the People's Republic of China, Hong Kong, Indonesia and Singapore. Some of the areas examined include the new digital environment, digital content policy, the networked information economy, copyright law and new media. The book provides a timely and scholarly appraisal of the legal and policy considerations facing anyone trying to regulate, sponsor or utilise the vast array of new media and content platforms now available. 'This collection of scholarly papers will prove to be a valuable resource for students, practitioners, judges and anyone interested in understanding some of the challenging issues, which new technologies have created for the law.' Chief Justice Zhipei Jiang, Supreme People's Court of the People's Republic of China