Dictionary Of International Trade Law

Author by : Raj Bhala
Languange : en
Publisher by : LexisNexis
Format Available : PDF, ePub, Mobi
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Description : Dictionary of International Trade Law is the first of its kind book. This Dictionary defines and explains in detail hundreds of terms - common and uncommon ones - used in the field, from the "ACU" and "CMAA" to "TIFA" and the "WCO." Many entries include organizational charts (e.g., the structure of the new Department of Homeland Security) and tables (e.g., of precedent-setting cases on zeroing). Many entries also provide references for further research. Notably, the Dictionary has three Annexes - • SAnnex A contains 25 maps, of the world, regions, and countries, from the Artic to Zambia, not only showing states and provinces (e.g., in Brazil and India), but also highlighting disputed territories (e.g., in Kashmir) ● Annex B sets out research tools, such as tables on milestones in Chinese history (from early dynasties through modern legal reforms), EU institutions, U.S. trade statutes, and useful websites on trade law. • SAnnex C has data on U.S. FTAs, including votes by political party in Congress, on immediate versus deferred duty-free treatment for goods, market access for services, and government procurement thresholds. In sum, the 600-page Dictionary aims to help students, scholars, and practitioners through the complex jargon of trade. Like the Textbook, International Trade Law: Interdisciplinary Theory and Practice, the Dictionary is inter-disciplinary, paying special attention to practical terms and theoretical concepts from international economics and development studies. Among the highlights of the second edition of the Dictionary are: • Several dozen brand New and Expansive entries for even more thorough coverage! • Updated and expanded material for hundreds of existing entries. • Several hundred Suggestions for Further Research. • Compilation, synthesis, and analysis of data on every one of America's Free Trade Agreements (FTAs), and of every one of Japan's FTAs, all thoroughly updated since the first edition. • Updated historical information about milestones in the economic development of the European Union (EU) and China. • Revised maps for every region of the world, and several major countries. This eBook features links to Lexis Advance for further legal research options.


Digital Copyright And The Consumer Revolution

Author by : Matthew Rimmer
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 36
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File Size : 41,9 Mb
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Description : A very helpful and accessible collection of contemporary issues in digital copyright law. . . Rimmer s book is quite possibly the most enjoyable and easy to read guide to selected issues of digital copyright law on the market today. . . Its core strength is undoubtedly its accessibility it is a pleasure to read. Martin Arthur Kuppers, Journal of Intellectual Property Law and Practice Matthew Rimmer s book provides much needed insight into the current status of digital copyright and its relationship to the general purchasing public. . . This book, which has a structure that flows with concinnity and concision, makes it easy to navigate some of the most complicated and controversial issues. Lisa Wong, Osgoode Hall Law Journal This engaging account of US copyright law (and copyright wars) is thorough and informative. Following a comprehensive and compelling introduction, encompassing a literature review and outline of the methodology and arguments to be adopted. . . His deep understanding of the subject matter, as well as his profound empathy with consumers, are evident throughout the work; the book will, no doubt, foster a similar interest in another generation of copyright law scholars. Louise Buckingham, Copyright Reporter Digital Copyright and the Consumer Revolution is a very important and timely book. . . and is a crucial vade mecum on the ever evolving global maze of case law and copyright reform . Colin Steele, Australian Library Journal It will most definitely prove to be an indispensable tool for researchers concerned with recent legal developments in the copyright field, both in America and Australia. Rimmer s Hands Off My iPod is a comprehensive and detailed analysis of current problems facing copyright holders as the struggle (and often fumble) to find a balance between profiting off their property and keeping the newly-powerful, increasingly agile user happy. Adam Sulewski, Journal of High Technology Law Rimmer brings the tension between law and technology to life in this important and accessible work. Digital Copyright and the Consumer Revolution helps make sense of the global maze of caselaw and copyright reform that extend from San Francisco to Sydney. The book provides a terrific guide to the world s thorniest digital legal issues as Rimmer demonstrates how the consumer interest is frequently lost in the crossfire. Michael A. Geist, the Canada Research Chair of Internet and E-Commerce Law, the University of Ottawa, Canada This book documents and evaluates the growing consumer revolution against digital copyright law, and makes a unique theoretical contribution to the debate surrounding this issue. With a focus on recent US copyright law, the book charts the consumer rebellion against the Sonny Bono Copyright Term Extension Act 1998 (US) and the Digital Millennium Copyright Act 1998 (US). The author explores the significance of key judicial rulings and considers legal controversies over new technologies, such as the iPod, TiVo, Sony Playstation II, Google Book Search, and peer-to-peer networks. The book also highlights cultural developments, such as the emergence of digital sampling and mash-ups, the construction of the BBC Creative Archive, and the evolution of the Creative Commons. Digital Copyright and the Consumer Revolution will be of prime interest to academics, law students and lawyers interested in the ramifications of copyright law, as well as policymakers given its focus upon recent legislative developments and reform proposals. The book will also appeal to librarians, information managers, creative artists, consumers, technology developers, and other users of copyright material.


Retransmission And U S Compliance With Trips

Author by : David J. Brennan
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 88
Total Download : 516
File Size : 44,6 Mb
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Description : This book seeks to answer one central question: do the U.S. cable and satellite retransmission statutory licenses comply with the TRIPs minimum standard? As with all legal problems, the resolution of ambiguity provides the challenge and the interest. In this regard, by far the greatest ambiguity is created by the use of the term 'equitable renumeration' in the TRIPs retransmission norm. Resort will be had to not only the drafting history of the TRIPs incorporated Berne Convention article, but also to the discipline of economics and to the field of restitutionary monetary awards in common law countries, to seek to provide a meaning for that term. This book is unique in so far as it purports to undertake to provide an analysis whereby a TRIPs compliance issue is considered fully at a theoretical level in an attempt to provide an answer. In so doing, it is hoped that the analysis will provide a methodology for the consideration of the compliance of national laws with intellectual property treaty obligations, which is of use to anyone who may wish to consider such compliance issues in the future.


Copyright Law In The Digital Society

Author by : Tanya Aplin
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 30
Total Download : 578
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Description : Multimedia technology is a key component of the Digital Society. This book comprehensively examines the extent to which copyright and database right protect multimedia works. It does so from the perspective of UK law, but with due attention being paid to EU law, international treaties and comparative developments in other jurisdictions, such as Australia and the U.S. The central argument of the book is that the copyright and database right regimes are, for the most part, flexible enough to meet the challenges presented by multimedia. As a result, it is neither necessary nor desirable to introduce separate copyright protection or sui generis protection for multimedia works. This important and original new work will be essential reading for any lawyer engaged in advising on IP matters relating to the new media industries, and scholars and students working in intellectual property and computer law.


Research Handbook On The Economics Of Intellectual Property Law

Author by : Ben Depoorter
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 66
Total Download : 457
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Description : Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.


Reconstructing European Copyright Law For The Digital Single Market

Author by : Bernd Justin Jütte
Languange : en
Publisher by : Nomos Verlag
Format Available : PDF, ePub, Mobi
Total Read : 72
Total Download : 751
File Size : 49,8 Mb
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Description : Die Reformbestrebungen zum Urheberrechtssystem der Europäischen Union werden in diesem Buch kritisch hinterfragt. Anhand der Kernelemente des harmonisierten Urheberrechtsacquis zeigt das Werk die Defizite der aktuellen Reformvorhaben im Hinblick auf die Schaffung eines digitalen Binnenmarktes auf. Hierzu wird besonders herausgestellt, dass ein grundlegender Ansatz als Basis für ein systematisch strukturiertes europäisches Urheberrecht in den bestehenden Richtlinien und Verordnungen nicht erkennbar ist, aber auch noch nicht erkennbar auf der EU-Ebene entwickelt wird. Diesem Problem werden grundlegende Lösungsansätze entgegengestellt. Hierzu werden drei mögliche Optionen zur legislativen Implementierung der Vorschläge diskutiert. Das Werk positioniert sich deutlich in der aktuellen Debatte zur Reform des europäischen Urheberrechts und bietet Ansatzpunkte, von denen ausgehend ein systematischeres und kohärenteres Urheberrecht erwachsen könnte.


Public Rights

Author by : Graham Greenleaf
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 80
Total Download : 395
File Size : 48,7 Mb
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Description : Access to works in the public domain is an important source of human creativity and autonomy, whether in the arts, scientific research or online discourse. But what can users actually do with works without obtaining the permission of a copyright owner? Readers will be surprised to find how many different kinds of permitted usage exist around the world. This book offers a comprehensive international and comparative account of the copyright public domain. It identifies fifteen categories of public rights and gives a detailed legal explanation of each, showing how their implementation differs between jurisdictions. Through this analysis, the authors aim to restore balance to copyright policy debates, and to contribute to such debates by making practical law reform proposals. A major intervention in the field of intellectual property law and copyright, this book will appeal to lawyers, scholars and those involved in the administration of copyright law.


How To Fix Copyright

Author by : William Patry
Languange : en
Publisher by : Oxford University Press
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Total Read : 53
Total Download : 249
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Description : Do copyright laws directly cause people to create works they otherwise wouldn't create? Do those laws directly put substantial amounts of money into authors' pockets? Does culture depend on copyright? Are copyright laws a key driver of competitiveness and of the knowledge economy? These are the key questions William Patry addresses in How to Fix Copyright. We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment. Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying. Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity. The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.


European Intermediary Liability In Copyright A Tort Based Analysis

Author by : Christina Angelopoulos
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 40
Total Download : 553
File Size : 49,6 Mb
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Description : In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.


Journals Of The Century

Author by : Tony Stankus
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 92
Total Download : 206
File Size : 51,9 Mb
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Description : This book, first published in 2002, gathers some of America's top subject expert librarians to determine the most influential journals in their respective fields. 32 contributing authors reviewed journals from over twenty countries that have successfully shaped the evolution of their individual specialties worldwide. Their choices reflect the history of each discipline or profession, taking into account rivalries between universities, professional societies, for-profit and not-for-profit publishers, and even nation-states and international ideologies, in each journal's quest for reputational dominance. Each journal was judged using criteria such as longevity of publication, foresight in carving out its niche, ability to attract & sustain professional or academic affiliations, opinion leadership or agenda-setting power, and ongoing criticality to the study or practice of their field. The book presents wholly independent reviewers; none are in the employ of any publisher, but each is fully credentialed and well published, and many are award-winners. The authors guide college and professional school librarians on limited budgets via an exposition of their analytical and critical winnowing process in determining the classic resources for their faculty, students, and working professional clientele.


Rethinking Copyright

Author by : R. Deazley
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 85
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Description : Rethinking Copyright is a small gem for an audience broader than copyright and intellectual property scholars, and well worth acquiring by a variety of general, corporate, law and academic libraries. Laurence Seidenberg, International Journal of Legal Information This excellent book raises again the controversial issue of whether we can learn anything and, if so, what from revisiting our past. Jeremy Phillips, ipkat.com All histories are about the present, not the past. Histories of copyright are no different: the pitched battles today over the nature of copyright frequently re-create a mythical past to shore up support for a partisan present. Deazley s Rethinking Copyright is a must have book for those who care about getting things right. Rethinking Copyright carefully reviews the critical formative years of statutory copyright (1710 1912), and then masterfully ties this foundational period to the current culture wars. It is a tour de force to be savored and returned to over and over again. William Patry, Senior Copyright Counsel, Google Inc., New York, US Two books in one, the first half of this manifesto offers a contrarian account of eighteenth and nineteenth-century English copyright history; the second contributes to the burgeoning rhetoric of the public domain in contemporary copyright scholarship. Deazley contends that, contrary to the common wisdom, common law copyright never existed in the eighteenth-century, but was a concerted creation of nineteenth-century treatise writers. He may not convince us that common law copyright was a myth, but he does compellingly demonstrate that, like the mythical giant Antaeus, whenever common law copyright seemed beaten down to the ground, it rose again with renewed force. He also persuades us that it may be a Herculean task to strangle the life out of the impulse, historical or otherwise, to believe that authors labors justify the contemporary default setting of the positive law in favor of proprietary rights. The second half, calling for reconceptualization of copyright as a derogation from the public s freedom to engage with works of authorship will surely provoke disagreement from many readers knowledgeable about copyright, but Deazley is an apt expositor of this increasingly popular trend in the legal academy. Jane C. Ginsburg, Columbia University School of Law, New York, US Copyright law remains hotly debated with the public domain contested territory. Ronan Deazley brings some welcome sanity to the discussion by revisiting the history of UK copyright law with a fresh eye and also by exploring the theoretical justifications for intellectual property in light of recent scholarship. The roles of rhetoric and legal writing in constructing copyright paradigms are the particular target of Deazley s critique. This is a provocative and challenging book which deserves a wide audience. Simon Stokes, Blake Lapthorn Tarlo Lyons and Bournemouth Law School, UK I have just finished reading Ronan Deazley s manuscript. It s a very enjoyable, readable book. As to content, I found it interesting, carefully researched, wide in scope, and thought-provoking even where I didn t agree with his conclusions. Catherine Seville, Newnham College, Cambridge, UK This book provides the reader with a critical insight into the history and theory of copyright within contemporary legal and cultural discourse. It exposes as myth the orthodox history of the development of copyright law in eighteenth-century Britain and explores the way in which that myth became entrenched throughout the nineteenth and early twentieth centuries. To this historical analysis are added two theoretical approaches to copyright not otherwise found in mainstream contemporary texts. Rethinking Copyright introduces the reader to copyright through the prism of the public domain before turning to the question as to how best to locate copyright within the parameters of traditional property discourse. Moreover, underpinning


Exceptions In Eu Copyright Law

Author by : Tito Rendas
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 34
Total Download : 801
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Description : Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.


Eu Copyright Law

Author by : Irini Stamatoudi
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 26
Total Download : 788
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Description : This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.


Copyright Exceptions

Author by : Robert Burrell
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 81
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Description : This book was first published in 2005. Copyright 'exceptions' or 'users' rights' have become a highly controversial aspect of copyright law. Most recently, Member States of the European Union have been forced to amend their systems of exceptions so as to comply with the Information Society Directive. Taking the newly amended UK legislation as a case study, this book examines why copyright exceptions are necessary and the forces that have shaped the present legislative regime in the UK. It seeks to further our understanding of the exceptions by combining detailed doctrinal analysis with insights gained from a range of other sources. The principal argument of the book is that the UK's current system of 'permitted acts' is much too restrictive and hence is in urgent need of reform, but that paradoxically the Information Society Directive points the way towards a much more satisfactory approach.


Copyright Versus Open Access

Author by : Marc Scheufen
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 21
Total Download : 117
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Description : This book addresses the recent debate about copyright law and its impact on the distribution of scientific knowledge from an economic perspective. The focus is on the question whether a copyright regime or an open access regime is better suited to the norms and organizational structure in a purely global science community. The book undertakes a thorough economic analysis of the academic journal market and showcases consequences of a regime change. It also takes account of the Digital Divide debate, reflecting issues in developing countries. Finally, a comprehensive analysis of legal action in the light of international Intellectual Property (IP) agreements offers prospects on the future of academic publishing.


Cable Television

Author by : Mario Fabiani
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 46
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Description :


Recueil Des Cour Collected Courses

Author by : Academie De Droit International de la Haye
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 71
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Description : The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Acadamy of International Law. This volume contains: - Vérification en matière de désarmament, par S. SUR, professeur à l'Université de Panthéon-Assas (Paris II); - The Role of the Organization of American States in the Promotion and Protection of Democratic Governance by H. CAMINOS, Judge at the International Tribunal for the Law of the Sea, Hamburg; - The Private International Law of Copyright in an Era of Technological Change by J.C. GINSBURG, Professor at Columbia University in the City of New York.


Originality Imitation And Plagiarism

Author by : Martha Vicinus
Languange : en
Publisher by : University of Michigan Press
Format Available : PDF, ePub, Mobi
Total Read : 16
Total Download : 135
File Size : 41,6 Mb
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Description : "At long last, a discussion of plagiarism that doesn't stop at 'Don't do it or else,' but does full justice to the intellectual interest of the topic!" ---Gerald Graff, author of Clueless in Academe and 2008 President, Modern Language Association This collection is a timely intervention in national debates about what constitutes original or plagiarized writing in the digital age. Somewhat ironically, the Internet makes it both easier to copy and easier to detect copying. The essays in this volume explore the complex issues of originality, imitation, and plagiarism, particularly as they concern students, scholars, professional writers, and readers, while also addressing a range of related issues, including copyright conventions and the ownership of original work, the appropriate dissemination of innovative ideas, and the authority and role of the writer/author. Throughout these essays, the contributors grapple with their desire to encourage and maintain free access to copyrighted material for noncommercial purposes while also respecting the reasonable desires of authors to maintain control over their own work. Both novice and experienced teachers of writing will learn from the contributors' practical suggestions about how to fashion unique assignments, teach about proper attribution, and increase students' involvement in their own writing. This is an anthology for anyone interested in how scholars and students can navigate the sea of intellectual information that characterizes the digital/information age. "Eisner and Vicinus have put together an impressive cast of contributors who cut through the war on plagiarism to examine key specificities that often get blurred by the rhetoric of slogans. It will be required reading not only for those concerned with plagiarism, but for the many more who think about what it means to be an author, a student, a scientist, or anyone who negotiates and renegotiates the meaning of originality and imitation in collaborative and information-intensive settings." ---Mario Biagioli, Professor of the History of Science, Harvard University, and coeditor of Scientific Authorship: Credit and Intellectual Property in Science "This is an important collection that addresses issues of great significance to teachers, to students, and to scholars across several disciplines. . . . These essays tackle their topics head-on in ways that are both accessible and provocative." ---Andrea Lunsford, Louise Hewlett Nixon Professor of English, Claude and Louise Rosenberg Jr. Fellow, and Director of the Program in Writing and Rhetoric at Stanford University and coauthor of Singular Texts/Plural Authors: Perspectives on Collaborative Writing digitalculturebooks is an imprint of the University of Michigan Press and the Scholarly Publishing Office of the University of Michigan Library dedicated to publishing innovative and accessible work exploring new media and their impact on society, culture, and scholarly communication. Visit the website at www.digitalculture.org.


Copyright Law For Librarians And Educators

Author by : Kenneth D. Crews
Languange : en
Publisher by : American Library Association
Format Available : PDF, ePub, Mobi
Total Read : 10
Total Download : 583
File Size : 46,5 Mb
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Description : Presents copyright definitions and their exceptions for library and education services, and examines fair use and current interpretations of the Digital Millennium Copyright Act.


Copyright Protection Of Unpublished Works In The Common Law World

Author by : Patrick Masiyakurima
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 76
Total Download : 828
File Size : 46,6 Mb
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Description : This book discusses copyright protection of unpublished works including letters, diaries, manuscripts, photographs, memoranda, sketches, private journals, government records and drafts intended for future publication. Under contemporary British copyright law, unpublished works are protected by the Copyright, Designs and Patents Act 1988. In addition, the Berne Convention anticipates that unpublished works shall receive protection. While unpublished works are, in general, assimilated to the treatment of published ones, notable differences in the strength of protection afforded to published and unpublished works remain. It is the case that contemporary British copyright law confers stronger and longer protection on unpublished works. For instance, the unpublished status of a work assumes pivotal significance in the framework for determining: qualification for copyright protection, the extent of copyright protection, exceptions to copyright infringement and the remedies for copyright infringement. The principal aim of the book is to consider whether copyright in unpublished works is justified; a task which is prosecuted from historical, normative and legal perspectives. Although the book's primary focus is the treatment of unpublished works in Britain, it also relies extensively on materials from other Common Law jurisdictions. The book contributes to the understanding of why cumulative protection of unpublished works emerged, and how exceptions to rights in unpublished works evolved. Moreover, the analysis deployed in the book aids the task of applying the law to 'new circumstances'.


No Law

Author by : David L. Lange
Languange : en
Publisher by : Stanford University Press
Format Available : PDF, ePub, Mobi
Total Read : 22
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Description : The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict. No Law offers a new way to approach these debates. In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expression in the name of intellectual property rights. Though the First Amendment does not repeal the Constitutional intellectual property clause in its entirety, copyright, patent, and trademark law cannot constitutionally license the private commodification of the public domain. The authors claim that while the exclusive rights currently reflected in intellectual property are not in truth needed to encourage intellectual productivity, they develop a compelling solution for how Congress, even within the limits imposed by an absolute First Amendment, can still regulate incentives for intellectual creations. Those interested in the impact copyright doctrines have on freedom of expression in the U.S. and the theoretical and practical aspects of intellectual property law will want to take a closer look at this bracing, resonant work.


On Scrolls Artefacts And Intellectual Property

Author by : Timothy Lim
Languange : en
Publisher by : A&C Black
Format Available : PDF, ePub, Mobi
Total Read : 37
Total Download : 739
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Description : The Dead Sea Scrolls were found in Palestine, recovered in Jordan, and largely edited by an international Christian team who prevented public access to unpublished manuscripts. Subsquently, the state of Israel, which had already purchased many of the Scrolls, has assumed responsibility for all of them. Most recently, one scroll editor has claimed copyright on his reconstruction, instigating a lawsuit and introducing serious implications for future Scrolls scholarship. This volume looks at international copyright and property rights as they affect archaeologists, editors and curators, but focuses on the issue of 'authorship' of the Scrolls, both published and unpublished, and the contributors include legal experts as well as many of the major figures in recent controversies, such as Hershel Shanks, John Strugnell, Geza Vermes and Emanuel Tov.


Business Law And Economics For Civil Law Systems

Author by : Rousseau, StŽphane
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 36
Total Download : 910
File Size : 54,7 Mb
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Description : Business Law and Economics for Civil Law Systems highlights the relevance of economic analysis of business law from a civilian perspective. It integrates a comparative approach (common law and civil law) to economic analysis using tools and illustrations to assist in conducting critical economic analysis of rules in the field of business law. This book is a valuable contribution to the reflection on the place and meaning of value creation and accountability as goals for business law. It will be of great value to academics interested in business law, competition law, comparative law and legal theory, students studying law, business and economics, and to policy makers and regulators.


Copyright Data And Creativity In The Digital Age

Author by : Julian Warner
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 81
Total Download : 178
File Size : 53,7 Mb
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Description : The Supreme Court of the United States in Feist v. Rural (1991) required that databases must have a minimal degree of creativity for copyright. The judgment was highly significant and the subsequent period is understood as the post-Feist era. It has been globally influential. However, the decision is extremely complex and remains unsatisfactorily interpreted. In particular, it has been impossible to illuminate the creativity requirement. The book gives an account of the decision’s conceptual structure, focusing on its full delineation of the opposite to creativity. In a radical and unprecedented innovation, it is correlated with an automatic computational process. Creativity itself is understood as non-computational or directly human activity concerned with meaning. Determining the presence of creativity is reduced to a four-stage test. This work then has acute practical current relevance to property in data in the digital age; it will also be of theoretical interest to, and is aimed at, researchers in, practitioners, and students of intellectual property worldwide.


Media Technology And Copyright

Author by : Michael A. Einhorn
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 35
Total Download : 672
File Size : 53,5 Mb
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Description : Recommended reading for any person interested in the way new technologies, above all the internet and digital content, are affecting the legal treatment of copyrightable intellectual property and related business methods and practices.