The Law and Economics of Intellectual Property in the Digital Age
The Law and Economics of Intellectual Property in the Digital Age

Author: Niva Elkin-Koren

Publisher: Routledge

Published: 2012-11-27

Total Pages: 212

ISBN-13: 1136249508

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This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.

Copyright in the Digital Era
Copyright in the Digital Era

Author: National Research Council

Publisher: National Academies Press

Published: 2013-05-30

Total Pages: 103

ISBN-13: 0309278953

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Over the course of several decades, copyright protection has been expanded and extended through legislative changes occasioned by national and international developments. The content and technology industries affected by copyright and its exceptions, and in some cases balancing the two, have become increasingly important as sources of economic growth, relatively high-paying jobs, and exports. Since the expansion of digital technology in the mid-1990s, they have undergone a technological revolution that has disrupted long-established modes of creating, distributing, and using works ranging from literature and news to film and music to scientific publications and computer software. In the United States and internationally, these disruptive changes have given rise to a strident debate over copyright's proper scope and terms and means of its enforcement-a debate between those who believe the digital revolution is progressively undermining the copyright protection essential to encourage the funding, creation, and distribution of new works and those who believe that enhancements to copyright are inhibiting technological innovation and free expression. Copyright in the Digital Era: Building Evidence for Policy examines a range of questions regarding copyright policy by using a variety of methods, such as case studies, international and sectoral comparisons, and experiments and surveys. This report is especially critical in light of digital age developments that may, for example, change the incentive calculus for various actors in the copyright system, impact the costs of voluntary copyright transactions, pose new enforcement challenges, and change the optimal balance between copyright protection and exceptions.

The Digital Dilemma
The Digital Dilemma

Author: National Research Council

Publisher: National Academies Press

Published: 2000-02-24

Total Pages: 365

ISBN-13: 0309064996

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Imagine sending a magazine article to 10 friends-making photocopies, putting them in envelopes, adding postage, and mailing them. Now consider how much easier it is to send that article to those 10 friends as an attachment to e-mail. Or to post the article on your own site on the World Wide Web. The ease of modifying or copying digitized material and the proliferation of computer networking have raised fundamental questions about copyright and patentâ€"intellectual property protections rooted in the U.S. Constitution. Hailed for quick and convenient access to a world of material, the Internet also poses serious economic issues for those who create and market that material. If people can so easily send music on the Internet for free, for example, who will pay for music? This book presents the multiple facets of digitized intellectual property, defining terms, identifying key issues, and exploring alternatives. It follows the complex threads of law, business, incentives to creators, the American tradition of access to information, the international context, and the nature of human behavior. Technology is explored for its ability to transfer content and its potential to protect intellectual property rights. The book proposes research and policy recommendations as well as principles for policymaking.

Rights Limitation in Digital Age
Rights Limitation in Digital Age

Author: Shaojun Liu

Publisher: Springer Nature

Published: 2021-10-01

Total Pages: 138

ISBN-13: 9811643806

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This book comprehensively discusses the effects of digital technology on the way work is disseminated and the resulting challenges concerning the fair use of copyright. It also analyzes so-called fairness by examining theories on the system of fair use, demonstrating the “system changes that will be brought about by technological changes” from the perspective of economics, i.e., the problem of modification faced by the system of fair use of copyright. Exploring the nature and function of fair use and repositioning the fair use system, the book proposes a better design for China’s system of limitation on copyright and a readjustment of the copyright system. Lastly, in addition to analyzing the reconfigurations of fair use from an economic standpoint, the book describes in detail the interactions between legal systems and cultures.

Intellectual Property Rights and ASEAN Development in the Digital Age
Intellectual Property Rights and ASEAN Development in the Digital Age

Author: Lurong Chen

Publisher:

Published: 2021-11-18

Total Pages: 192

ISBN-13: 9780367707095

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The trade-investment-service-intellectual property (IP) nexus remains at the heart of economic development and the main features of which are global value chains (GVCs) and digitalisation. The protection of intellectual property rights (IPR) has become a critical issue not only for advanced economies but also for emerging markets. This edited volume contributes to the debates on IPR protection and economic development from the perspective of Association of Southeast Asian Nations (ASEAN) member states. The book provides insights into the mechanism and evidence on how effective IPR protection will increase economic and social welfare via promoting innovation activities and providing incentives to diffuse knowledge and transfer technologies. Written by economists and lawyers from the region, these experts share their latest findings and thoughts on how countries in Southeast Asia have been progressively improving IPR protection and increasing the interoperability of different IPR regimes through regional cooperation to facilitate business operations in the context of digital transformation.

Balancing Copyright Law in the Digital Age
Balancing Copyright Law in the Digital Age

Author: Roberto Caso

Publisher: Springer

Published: 2014-11-19

Total Pages: 147

ISBN-13: 3662446480

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This book focuses on the thorny and highly topical issue of balancing copyright in the digital age. The idea for it sprang from the often heated debates among intellectual property scholars on the possibilities and the limits of copyright. Copyright law has been broadening its scope for decades now, and as a result it often clashes with other rights (frequently, fundamental rights), raising the question of which right prevails. The papers represent the product of intensive research by experts, who employ rigorous interpretative methodologies while keeping an eye on comparison and on the impacts of new technologies on law. The contributions concentrate on the "propertization" of copyright; on the principle of exhaustion of the distribution right; on the conflict between users' privacy and personal data needs; and on the balance between copyright and academic freedom. Starting from the difficulties inherently connected to the difficult task of balancing rights that respond to opposing interests, each essay analyzes techniques and arguments applied by institutional decision-makers in trying to solve this dilemma. Each author applies a specific methodology involving legal comparison, while taking into account the European framework for copyright and related rights. This work represents a unique piece of scholarship, in which a single issue is read through different lenses, demonstrating the need to reconcile copyright with other fundamental areas of law.

Understanding Copyright
Understanding Copyright

Author: Bethany Klein

Publisher: SAGE

Published: 2015-04-14

Total Pages: 197

ISBN-13: 1473927846

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Digital technology has forever changed the way media is created, accessed, shared and regulated, raising serious questions about copyright for artists and fans, media companies and internet intermediaries, activists and governments. Taking a rounded view of the debates that have emerged over copyright in the digital age, this book: Looks across a broad range of industries including music, television and film to consider issues of media power and policy. Features engaging examples that have taken centre stage in the copyright debate, including high profile legal cases against Napster and The Pirate Bay, anti-piracy campaigns, the Creative Commons movement, and public protests against the expansion of copyright enforcement. Considers both the dominant voices, such as industry associations, and those who struggle to be heard, including ordinary media users, drawing on important studies into copyright from around the world. Offering media students and scholars a comprehensive overview of the contemporary issues surrounding intellectual property through the struggle over copyright, Understanding Copyright explores why disagreement is rife and how the policymaking process might accommodate a wider range of views.

The Economics of Intellectual Property. Suggestions for Further Research in Developing Countries and Countries with Economies in Transition
The Economics of Intellectual Property. Suggestions for Further Research in Developing Countries and Countries with Economies in Transition

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2009-01-01

Total Pages: 230

ISBN-13: 9280517910

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The series of papers in this publication were commissioned from renowned international economists from all regions. They review the existing empirical literature on six selected themes relating to the economics of intellectual property, identify the key research questions, point out research gaps and explore possible avenues for future research.

Economic Issues of Social Entrepreneurship
Economic Issues of Social Entrepreneurship

Author: Elena G. Popkova

Publisher: Springer Nature

Published: 2021-10-06

Total Pages: 521

ISBN-13: 3030772918

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Social entrepreneurship is one of the most controversial actualities of the modern economy. On the one hand, social entrepreneurship makes up for "market failures" and prevents the deficit of socially essential goods and services in the marketplace, acting as their supplier. On the other hand, the survival of social entrepreneurship in an aggressive market environment is a challenging task, the fulfilment of which may distort the original essence of social entrepreneurship. Comprising a collection of research presented at the International Scientific Conference Advanced Issues on Social Entrepreneurship, this contributed volume offers a global economic analysis of social entrepreneurship. Whilst social entrepreneurship is indispensable to the modern economy, the current controversial model of its organization means it cannot fully accomplish its mission. This book offers potential solutions to this problem with the global and national strategies of economic growth and social progress. It includes a focus on emerging markets, in which the role of social entrepreneurship is especially high. This book is aimed at scholars and students who are interested in social entrepreneurship and corporate economics, and practitioners involved in this field. It will also be of interest to policy makers in the development and implementation of a national economic policy for support for social entrepreneurship in emerging markets.