With an acceleration in the last decades, the language of property, piracy and theft has become mainstream in copyright matters. Scholars have argued that this latent propertization has progressively led to the undue expansion of copyright and an enclosure of knowledge, causing clashes with users’ fundamental rights and EU social and cultural policies. Challenging the validity of such critiques, Propertizing European Copyright demonstrates that these distortive effects are only the result of mishandled property rhetoric and that a commitment to copyright propertization could enable a more internally consistent and balanced development of EU copyright law.
"The Oxford Handbook of Arts and Cultural Management surveys contemporary research in arts and cultural management, fulfilling a crucial need for a curated, high quality, first-line resource for scholars by providing a collection of empirical and theoretical chapters from a global perspective. With a focus on rigorous and in-depth contributions by both leading and emerging scholars from international and interdisciplinary backgrounds, the Handbook presents established and cutting-edge research in arts and cultural management and suggests directions for future work"--
Intellectual Property Law and Human Rights Fourth Edition Edited by Paul L.C. Torremans Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today’s global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice – with nine completely new chapters – well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law. The fourth edition is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment. The contributors address such topics as the following and more: the status of copyright as a fundamental right; fair use, transformative use, and the US First Amendment; intellectual property in the jurisprudence of the European Court of Human Rights; freedom to receive and impart information under the EU Charter of Fundamental Rights; how to mitigate the risks article 17 of Directive 2019/970 poses to freedom of expression; fair dealing defences; algorithmic copyright enforcement and free speech; developing a right to privacy for corporations; expanding the role of morality and public policy in European patent law; and ethical and religious concerns over patenting biotechnological inventions. As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.
This timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions.
The economic right of a copyright holder to communicate to the public has become an increasingly important and complex issue in recent years, this is partially due to changes in the way that content is accessed and consumed online. This innovative book analyses the right of communication to the public, taking account of what legal standing an autonomous legal concept can hold, and how this is impacted by wider harmonisation efforts at an EU level.
The nature and content of intellectual property (IP) law, which is heavily contingent on the state of technology and on social and market developments, has always been subject to ongoing transitions. How those transitions are effected and the shape they take is crucial to the ability of IP to achieve its stated goals and provide the necessary climate for investment in creativity, innovation and brand differentiation. Yet the need for change can run headlong into a desire for coherence. A search for coherence tests the limits of the concept of “intellectual property,” is imperiled by overlaps between different IP regimes, and calls for a unifying normative theme. This volume assembles contributors from across IP and the globe to explore these questions, including whether coherence is desirable. It should be read by anyone interested in understanding the conceptual underpinnings of one of the most important and dynamic areas of the law.
The second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system.
This comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law.
Complex geopolitical debate surrounds the role of intellectual property (IP) in advancing and achieving the UN’s Sustainable Development Goals (SDGs). Summarising and advancing this discourse, this prescient Companion is a thorough examination of how IP law interacts, influences and impacts each of the seventeen SDGs.
This book gathers and builds on research into distinct national and regional traditions in regulating innovation. It is an early attempt at a comprehensive legal history of the uneven trans-Atlantic harmonization of IP law. Authors explore harmonization as a legal mandate and a progressive ideal, and imagine areas in which coherent regulatory webs could build a more vibrant trans-Atlantic knowledge economy.
