Search

Tracing the emergence of what the media industries today call transmedia, story worlds, and narrative franchises, Legal Stories provides a dual history of copyright law and narrative-based media development between the Copyright Act of 1909 and the Copyright Act of 1976. Drawing on archival material, including legal case files, and employing the principles of actor-network theory, Gregory Steirer demonstrates how the meaning and form of narrative-based property in the twentieth century was integral to the letter and practice of intellectual property law during this time. Steirer's expansive view of intellectual property law encompasses not only statutes and judicial opinions, but also the everyday practices and productions of authors, editors, fans, and other legal laypersons. The result is a history of the law as improvisatory and accident-prone, taking place as often outside the courtroom as inside, and shaped as much by laypersons as lawyers. Through the examination of influential legal disputes involving early properties such as Dashiell Hammett's Sam Spade, H. P. Lovecraft's Cthulhu Mythos, and Robert E. Howard's Conan the Barbarian, Steirer provides a ground's eye view of how copyright law has operated and evolved in practice.

In The Big Steal, Jonathan Barnett documents the unusual confluence of ideological commitments and business interests behind the across-the-board dilution of legal protections for inventors and artists under U.S. patent and copyright law. Concurrently with the rise of the digital economy and platform-based markets, the Supreme Court, Congress, and antitrust regulators significantly weakened legal protections against the unauthorized use of technological inventions and creative works. Under the popular slogan that'information wants to be free,'significant portions of the scholarly and tech communities advocated and welcomed the erosion of property rights in knowledge markets. This policy shift often relied on incomplete or premature findings that concerning the impact of robust intellectual property rights on innovation markets. Through a rich analysis that draws on law, economics, and political science, and using evidence from a wide range of technology and creative markets, Barnett shows that the depropertization of intellectual assets poses a risk to the U.S. and global innovation ecosystem by shifting economic value toward digital intermediaries and vertically integrated entities and away from the technology and content originators that drive the most robust knowledge economies.

Authorship represents a new area of policy-related work within higher education research administration, funding agencies, and scholarly journal publishing. This book offers the unique aspect of combining details on copyright ownership as well as authorship into a single volume on best practices for administrators, journal publishers, research managers, and policy drafters within and outside of higher education. Discover more about the definition of ‘author'—from data gatherer to writer—to inform policy development while understanding the interconnected relationships between authorship, copyright ownership, and scholarly communication. This book will also demonstrate how to develop inclusive and equitable authorship policies that reflect the range of diversity within the research endeavor and scholarly publishing.

'An invaluable resource giving librarians the tools to assess copyright issues, risks, and approaches both domestically and internationally.'-Library Journal, Starred ReviewFinally: a plain-language guide to best practices for the complex world of copyright management in academic libraries.Copyright issues continue to perplex librarians and educators. The difficulties and confusion in applying the U.S. Copyright Act became especially apparent when Covid hit and many universities turned to remote learning as their primary method of instruction. Librarians and educators struggled with applying the law for both remote learners and students who were on site. This book provides advice on how to analyze and apply the copyright law to specific areas encountered by librarians and instructors.Coverage includes:Controlled digital lending is a very hot issue and confusing to many as to how copyright could apply in those situationsremote learning do's and don'ts'is at the forefront of copyright concerns which was highlighted during the pandemicThe application of copyright to music in light of recent changes to the U.S. Copyright Act has caused much confusion. Analysis of the new law and strategies on how to include music in a curriculum as well as how libraries can provide access and preservation of musical works.Open access initiatives have become increasingly popular. However, open access does not mean that there is no copyright attached to the works.The use of data is exploding as are the copyright issues associated with it. We will examine the issues and provide options.Written by Donna L. Ferullo, the Director of the University Copyright Office at Purdue University who holds both law and library science degrees and Dwayne K. Buttler, the Evelyn J. Schneider Endowed Chair for Scholarly Communication at the University of Louisville, who also holds a law degree. Both Ferullo and Buttler have many years of experience advising their universities on copyright law.

Master the complexities of modern intellectual property (IP) law with Bouchoux'INTELLECTUAL PROPERTY: THE LAW OF TRADEMARKS, COPYRIGHTS, PATENTS, AND TRADE SECRETS, 6E. Comprehensive yet reader-friendly, this edition addresses current trends and the latest developments in the field, including technological innovations, intellectual property in the digital age, the role of the Internet and the impact of the pandemic on IP. This edition provides sample agreements, forms, checklists of paralegal tasks and statutes to help you in practice. Updated case studies as well as excerpts of real cases highlight interesting issues, such as the ability to copyright the Batmobile or tattoos, the Google vs. Java battle or the suit against Stephen King. New learning features help you prepare for a successful career as a paralegal, while new activities reflect real business assignments to ensure you are ready for success in today's actual legal practice.

Particularly in places of learning, technology is all-pervasive; because everyone is always making copies, copyright is center stage. And copyright law, when misapplied or misinterpreted, affects not only the way that you teach but even what you teach. With decades of experience interpreting the intricacies of copyright law as it pertains to librarianship, Russell is the ideal authority to address the concerns of librarians, teachers, and teaching librarians who work in the K–12 environment. Her book will encourage you to stop allowing your fear of copyright issues to limit how and what you share or teach, and instead be more involved in shaping copyright law to better serve your learning community. Through scenario-based discussions, it covers key topics such as the reasons librarians and teachers have so many misconceptions about copyright, and why understanding copyright is a process, not a one-time event; recent legislative and policy developments that impact schools and libraries; situations often encountered by educators, such as using copyrighted material in class assignments, digital lesson plans, bulletin board displays, social media, school plays, and band performances and talent shows; the use of licensed content in a variety of settings; what constitutes'fair use,'so that you can be empowered by knowing exactly what's possible within the law; and guidance on making long-term strategic decisions and developing copyright policies.

This book traces the development of the fashion industry, providing insight into the business and, in particular, its interrelations with copyright law. The book explores how the greatest haute couture fashion designers also had a sense for business and that their attention to copyright was one of the weapons in protecting their market position. The work also confronts the peculiarities of the fashion industry as a means of demonstrating the importance of intellectual property protection while pointing out the many challenges involved. A central aim is to provide a copyrightability test for fashion goods based on detailed analysis of the legal regulations in the USA and EU countries, specifically Italy, France, the Netherlands, Germany and Poland. The book will be of interest to researchers and academics working in the areas of Intellectual Property Law, Copyright Law, Business Law, Fashion Law and Design.

A comprehensive proposal for reforming copyright law to ensure sustainable public access to research and scholarship.Open access is widely supported by researchers, librarians, scholarly societies, and research funders, as well as large and small publishers. Yet despite this support—and the pandemic's demonstration of the importance of open access for scientific progress—the scholarly publishing market is failing to deliver open access quickly enough. In Copyright's Broken Promise, John Willinsky presents the case for reforming copyright law so that it supports, rather than impedes, public access to research and scholarship. He draws on the legal strategy of statutory licensing to set out the terms and structures by which the Copyright Act could ensure that publishers are fairly compensated for providing immediate open access. What sets Willinsky's analysis apart is its focus on the current state of scholarly publishing. Because copyright offers so little legal support for moving publishing to open access, though it is best for science, he says it is time to stop regarding the Copyright Act as a law of nature that can only be circumvented, contravened, or temporarily set aside. Specifically, he proposes that the Copyright Act add a new category of work, called “research publications,” which would be subject to statutory licensing. This would allow publishers to receive royalty payments from the principal institutional users (universities, industry R&D, research institutes, and so on) and sponsors of the work (foundations and government agencies), while providing immediate open access.

This report looks closely at the extent and kind of information about copyright practices needed by faculty at US colleges and universities. The report helps its readers to answer questions such as: how much do faculty need information about copyright? How much have they used and benefited from information about copyright provided by academic libraries? What policies in this area do faculty want libraries to follow? How satisfied are they with current policies? What are the demographic characteristics of faculty who have consulted attorneys about copyright issues? Which faculty go to librarians and which rely on peers for copyright advice? Which copyright issues most concern faculty? Are they more inclined to query about copyright issues related to open access? Or to issues related to making material available in their classes? The study presents specific data for faculty interest in a broad range of copyright issues, including but not limited to open access, copyright for data, issues with commercial article sharing platforms, negotiation of author contracts, use of audio-visual materials, copyright issues in citation and much more.

'This product offers a compact yet comprehensive and up-to-date overview of U.S. copyright law in an uncluttered and readable format. Coverage ranges from the fundamental concepts of originality, authorship, and infringement to the highly technical rules governing digital phonorecord deliveries and digital public performance rights in sound recordings, the safe harbor provisions that limit the liability of Internet service providers, and the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act. This updated edition includes detailed analysis of the changes introduced by the Music Modernization Act of 2018, as well as the creation of the Copyright Claims Board. The evolving doctrines of fair use and contributory liability are also given thorough attention.'--Publisher

Fandom is a cultural phenomenon, embraced by millions of people worldwide, and its expression is the driving force for fan conventions, websites, and other forms of expression. Fandom and the Law is a current and unique resource that looks at the sociology of fandom, as expressed in fan-created content, and how established legal doctrines affect the creation and dissemination of fan fiction, fan art, fan film, and cosplay (costume play). Author Marc H. Greenberg is a law professor who teaches in the areas of entertainment, copyright, and pop culture, and he also represents comic book creators and historians on a diverse array of legal projects. He looks at the four main areas of creative fandom--fan fiction, fan art, fan film, and cosplay, and examines the role of fan content creators within this participatory culture, explaining the meaning of this phrase, the importance of this concept to fan content creators, and the critical element of communities of fandoms. The book next discusses the legal doctrines that affect fan-created works, providing in-depth historical and legal analysis of those aspects of U.S. law whose impact is felt through all fan-created creative works, especially copyright law that is the most relevant to the fan-content creator. This section concludes with a focus on two relevant legislative developments: the PROTECT Act and the CASE Act, the latter of which is currently pending final legislative approval. Next, the book provides a narrow focus on the interaction between the law and the different types of fan-created works with consideration of the specific legal issues regarding each type of content. Further, the book examines the critical role of social media in fandom and fan-created content. This chapter examines the legal issues arising from the huge role social media plays in fandom as this is the primary means by which fan-created content is displayed and distributed. Perhaps more so than in other areas of endeavor, fan-created content, with its inherent tension between fan creators and the original creators of the works that inspire them, turns to the law and the legal system to moderate that tension. The book looks to the future of fan-created content and how legal likely to impact that future, in both positive and negative ways, including how production companies have chosen to respond to fan-created works based on their content in the past and whether those reactions are likely to change in the future. Who can use this book? First and foremost, it is written to meet the needs of attorneys who counsel fan content creators and scholars who are interested in how the law affects this creative process. Yet the book also provides approachable and practical information for fan content creators themselves and the growing number of'acafans'or academics who study pop culture and fandom.

This timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU's legal framework for the protection and enforcement of copyright. Taking a comparative approach, contributions from both leading and emerging scholars offer a variety of perspectives and methodologies through which to examine copyright law in the context of the digital economy. They investigate issues such as the relationship between private and public enforcement mechanisms, the parallels and divergences between US and European approaches, and the influence of the Court of Justice of the EU and the European Court of Human Rights on national courts and the European legal regime. Scholars of comparative and European law, as well as those with a particular interest in copyright in the context of digital technologies will find this an essential read. It will also prove useful to practitioners looking to understand recent trends in the interpretation of the EU legal framework around copyright. Contributors include: M. Bassini, G.G. Codiglione, F. Macmillan, M.L. Montagnani, T. Mylly, O. Pollicino, E. Psychogiopoulou, G.M. Riccio, O. Soldatov, A. Strowel, A. Trapova

From researching to remixing, library users need your guidance on a wide range of copyright topics. The way to move beyond “yes, you can” or “no, you can't” is to become a copyright coach. In this collection librarian and attorney Smith teams up with information literacy expert Ellis to offer a framework for coaching copyright, empowering users to take a practical approach to specific situations. Complete with in-depth case studies, this collection provides valuable information rooted in pragmatic techniques, including in-depth discussion of the five questions that will help you clarify any copyright situation; storytelling techniques to enliven copyright presentations, plus ways to use music or YouTube to hook students into copyright topics; three coaching scenarios that tie into ACRL's Framework for Information Literacy for Higher Education and bring real-world applications to your library instruction; how-to guidance on leading mock negotiations over real journal publishing agreements; a 90-minute lesson plan on author rights for writers in a student journal; tips for teaching instructional designers how to apply copyright and fair use principles to course management systems; and an LIS copyright course assessment model. This resource will help you become a copyright coach by showing you how to discern the most important issues in a situation, determine which questions you need to ask, and give a response that is targeted to the specific need.

Copyright law never sleeps, making it imperative to keep abreast of the latest developments. Declared “an exemplary text that seals the standards for such books” (Managing Information), this newly revised and updated edition by respected copyright authority Crews offers timely insights and succinct guidance for LIS students, librarians, and educators alike. Readers will learn basic copyright definitions and key exceptions for education and library services; find information quickly with “key points” sidebars, legislative citations, and cross-references; get up to speed on fresh developments, such as how the recently signed Marrakesh Treaty expands access for people with disabilities and why the latest ruling in the Georgia State University case makes developing a fair use policy so important; understand the concept of fair use, with fresh interpretations of its many gray areas that will aid decision making; learn the current state of affairs regarding mass digitization, Creative Commons, classroom use and distance education, the Digital Millennium Copyright Act, and other important topics; receive guidance on setting up on a copyright service at a library, college, or university; and find many helpful checklists for navigating copyright in various situations. This straightforward, easy-to-use guide provides the tools librarians and educators need to take control of their rights and responsibilities as copyright owners and users.

Cet ouvrage propose un travail de fond sur les droits français et américain concernant une problématique peu traitée malgré son importance pour le développement de l'internet et la protection des auteurs : l'application du droit d'auteur aux hyperliens.

In Copyright's Highway, one of the nation's leading authorities on intellectual property law offers an engaging, readable, and intelligent analysis of the effect of copyright on American politics, economy, and culture. From eighteenth-century copyright law, to the'celestial jukebox,'to the future of copyright issues in the digital age, Paul Goldstein presents a thorough examination of the challenges facing copyright owners and users. In this fully updated second edition, the author expands the discussion to cover the latest developments and shifts in copyright law for a new audience of scholars and students. This expanded edition introduces readers to present and future debates regarding copyright law and policy, including a new chapter on the technological shift in emphasis from producer to consumer and the legal shift from exclusive rights to exceptions and limitations to those rights. From Gutenberg to Google Books, Copyright's Highway, Second Edition, offers a concise, essential resource for the internet generation.

The Unrealized Promise of the Next Great Copyright Act provides a unique perspective on one of the most active periods of copyright policy discourse in the United States since the enactment of the Copyright Act of 1976. Using the then-Register of Copyrights Maria Pallante's landmark speech of 2013 The Next Great Copyright Act as a catalyst, Christopher S. Reed documents and assesses the major issues confronting the U.S. copyright system today. The book offers an inside view of the Copyright Office's attempts at reform as part of a comprehensive account of the complex dynamics between key stakeholder communities, government and legislation. Chapters also explore relevant areas of copyright such as orphan works and mass digitization, online copyright enforcement, visual arts and music licensing, and demonstrate that despite previous difficulties the time is now ripe for an update to U.S. copyright law. This insightful book will be of great value to scholars and legal practitioners with a focus on copyright law and policy, and will also prove a useful resource for instructors teaching copyright policy at an advanced level. Others with an interest in intellectual property, technology and connected culture, or politics and government will also find this book an engaging read.

As the scholarly communications universe continues to change and expand, it's increasingly important for librarians to understand and be able to advise on complicated copyright issues in an accessible and relatable matter. Everyday copyright law affects the way academic libraries provide information to students, researchers, and faculty, as well as librarians own use of research materials. The expert copyright librarians collected in Copyright Conversations: Rights Literacy in a Digital World address complex legal issues at the intersection of copyright and information literacy. Four sections—Copyright Librarians'Role and Advocacy, Education, Research and Policy, and International Issues—provide detailed explanations of the issues and considerations and offer prescriptive tips and advice for teaching and applying the information

Discover How to Convince Your Readers and Boost Your Conversions This course is for anyone who has ever posted content that they created on the internet, whether it's a educational course, a book. This course covers the basics of the US Copyright Act and provides an introduction into international copyright law under the Berne Convention. Students will learn the history of copyright law, the basic tenets of copyright law, as well as the rights they have as a copyright owner. By the end of this course, the students will know how to register their copyright in the United States, which form they need to use and what to include in their copyright registration. Additionally, students will understand the benefits of registration versus the benefits of notice and be able to make an informed decision as to whether or not they want to register their copyright best for them. This course will go over the law related to online copyright protection and, at the end of the course, students will understand how the law applies to them. Additionally, they will understand the importance of the takedown letter, where they need to send the takedown notice, how and write a takedown letter that complies with the relevant law. Students will also understand the potential legal pitfalls and liability related to issuing a take down notice. Students learn how to write a cease and desist letter, when and where to send the cease and desist letter, as well as the difference between a cease and desist and a takedown notice. Students will also come away from this course with a basic understanding of the Fair Use Doctrine and why it is important. Students will learn what legal remedies they may have if someone violates their copyrights. Students will be provided information as to what they should request in a law suit related to potential remedies. At the end of this course, students will know how to protect their own copyright without having to enlist the help of an attorney! ORDeR NOW.

What they won't teach you in film school: This expertly written reference guide breaks down copyright laws for screenwriters. Inspired by Strunk & White's The Elements of Style, this elegant, short reference is the perfect guide for screenwriters and creative artists looking to succeed as industry professionals. Readers will quickly understand the laws that govern creativity, idea-making, and selling, and learn how to protect themselves and their works from the legal quagmires they may encounter. Written by an unrivaled pair of experts, John L. Geiger and Howard Suber, who use real-life case studies to cover topics such as clearance, contracts, collaboration, and infringement, Creativity and Copyright is poised to become an indispensable resource for beginners and experts alike.

All forms of online communications and interactions between people and companies on the Internet are facilitated by intermediaries – service providers whose decisions and policies have a shaping effect on the Internet, its users and the information shared on it. Today, because such intermediaries employ technologies that go well beyond the mere transmission and storage of information into new realms potentially disrupting existing business models, a rethinking of existing relevant law is called for. The legal analysis and recommendations in this book put the topic of intermediary liability in the perspective of copyright law and offer a vision on how to regulate that liability. In the context of in-depth and up-to-date analyses on EU, US, German and Dutch law, the author discusses such issues and topics as the following: the liability rules in the new Directive on Copyright in the Digital Single Market; liability for the intermediary's own copyright infringements (primary liability); the intermediary's responsibility to stop or prevent the infringements of others (secondary liability); the role that fundamental rights play in copyright law and intermediary liability; the rights and interests of copyright owners, intermediaries and users, and how they are protected; notice-and-takedown by service providers; website blocking by Internet access providers; the publisher's rights and the use of online articles by platforms; legal status of hyperlinks under copyright law; and search engine use of copyrighted materials. A focus on the strengths and weaknesses of existing EU copyright law concerning Internet intermediaries in terms of how future-proof that law is, includes detailed attention to legislation, regulation and case law. With its deeply informed guidance with respect to the methods of regulation in a domain that is heavily influenced by technological developments, this book will be welcomed by policymakers, legislators, academics, judges and practitioners working in the area of copyright law as applied to the Internet. The detailed attention to the extent to which an intermediary can be held liable for copyright infringements in both the EU and the US will prove highly beneficial for in-house counsellors and advisors working for rights holder organizations and intermediary service providers.

A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here's why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.

Launching into a complete analysis of copyright law in our capitalistic and hegemonistic political system, Ronald Bettig uncovers the power of the wealthy few to expand their fortunes through the ownership and manipulation of intellectual property. Beginning with a critical interpretation of copyright history in the United States, Bettig goes on to explore such crucial issues as the videocassette recorder and the control of copyrights, the invention of cable television and the first challenge to the filmed entertainment copyright system, the politics and economics of intellectual property as seen from both the neoclassical economists and the radical political economists points of view, and methods of resisting existing laws. }Launching into a complete analysis of copyright law in our capitalistic and hegemonistic political system, Ronald Bettig uncovers the power of the wealthy few to expand their fortunes through the ownership and manipulation of intellectual property. Beginning with a critical interpretation of copyright history in the United States, Bettig goes on to explore such crucial issues as the videocassette recorder and the control of copyrights, the invention of cable television and the first challenge to the filmed entertainment copyright system, the politics and economics of intellectual property as seen from both the neoclassical economists and the radical political economists points of view, and methods of resisting existing laws.Beautifully written and well argued, this book provides a long, clear look at how capitalism and capitalists seize and control culture through the ownership of copyrights, thus perpetuating their own ideologies and economic superiority. }

Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all.Rethinking Intellectual Property is a deeply reflective conceptualisation of the modern principles of intellectual property law at both a national and an international level. The first chapter investigates conflicts of interests relating to intellectual property and guiding principles for their resolution within its constitutional framework. Ghidini then moves on to examine the reshaping of patent protection, and the way that the exercise of patent rights goes hand-in-hand with the competitive dynamics of technological innovation. In chapter 3, he analyses the copyright paradigm from an industrial perspective, focusing particular attention to the online distribution of material. Chapter 4 moves on to examine trademark protection, and the protection of entrepreneurial identity and brand value. Finally, he addresses the complex intersection between intellectual property law and competition law.This book will be invaluable reading for anyone interested in the conceptual foundations of intellectual property law, and challenges the reader to re-examine their understanding of the field.

Copyright Law in an Age of Limitations and Exceptions brings together leading copyright scholars and the field's foremost authorities to consider the critical role of copyright law in shaping the complex social, economic, and political interaction critical for cultural productivity and human flourishing. The book addresses defining issues facing copyright law today, including justifications for copyright law's limitations and exceptions (L&Es), the role of authors in copyright, users'rights, fair use politics and reform, the three-step test in European copyright law, the idea/expression principle with respect to functional works, limits on the use of L&Es in scientific innovation, and L&Es as a tool for economic development in international copyright law. The book also presents case studies on the historical development of the concept of'neighboring rights'and on Harvard Law School's pioneering model of global copyright education, made possible by the exercise of L&Es across national borders.

This product offers a compact yet comprehensive and up-to-date overview of U.S. copyright law in an uncluttered and readable format. Coverage ranges from the fundamental concepts of originality, authorship, and infringement to the highly technical rules governing digital phonorecord deliveries and digital public performance rights in sound recordings, the safe harbor provisions that limit the liability of Internet service providers, and the anti-circumvention and copyright management information provisions of the Digital Millennium Copyright Act. The evolving doctrines of fair use and contributory liability are also given thorough attention.

The growth of new technologies in the digital age has rapidly expanded the availability of copyrighted works. Along with this expansion have come questions central to copyright jurisprudence as whether and how the creative works of authors may be accessed and disseminated. Two international treaties to which the United States is a party—the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (collectively, the'WIPO Internet Treaties')—require member states to recognize the right of'making available,'which gives authors, producers, and performers the exclusive right to authorize the transmission of their works and sound recordings to the public through interactive platforms that enable members of the public to choose where and when to access them. This book provides a thorough assessment of the state of U.S. law recognizing and protecting copyright holders'exclusive right of'making available'and how both U.S. and foreign laws have interpreted and implemented the relevant provisions of the WIPO Internet Treaties.

International copyright law is a complex and evolving field, of manifest and increasing economic significance. Its intellectual challenges derive from the interlocking relationships of multiple international instruments and national or regional laws and judgments.This ground-breaking casebook provides a comprehensive and comprehensible account of international copyright and neighboring rights law, from the cornerstone of the 1886 Berne Convention and the Rome Convention of 1961, through to the 1994 TRIPS Agreement and the 1996 and later WIPO Copyright Treaties. It examines how national laws have implemented the international norms, and explores the issues these sources have left ambiguous or unresolved.Ginsburg and Treppoz, two of the leading lights in international copyright law, bring their expert commentary and provocative questions to judiciously selected extracts from cases, analytical texts, and the texts of the treaties themselves, to develop a deeply nuanced understanding of this field. The approach centers on comprehending the international law and international treaties and, rather than analyzing the treaties in turn and in abstract, offers a concrete issue-by-issue treatment of the subject.Key features of the casebook:- Written by two leading authorities in the field- Carefully selected extracts from primary and secondary sources- Build a clear picture of the field- Expert analytical commentary and questions set the extracts in context- U.S. and E.U. perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments- An issue-based approach that synthesizes the treaties and facilitates a nuanced understanding- Exposition of lacunae in the treaties, and extensive consideration of how private international law fills the gaps- Leads students through the field from beginning to end.

Consumption of copyright materials such as, books, music, games, has changed dramatically in the internet age. We no more consume them as tangible goods. Instead we consume them as digital goods, which have characteristics different from tangible goods. The first sale doctrine in copyright law has been applied to tangible copyright goods since it was codified in the United States of America's Copyright Act of 1909. But due to the difference in the method of consumption of copyright goods, it is hard to apply the doctrine to digital ones. The question whether it should be applied to digital goods gained prominence when Redigi, a second hand market place for digital copyright goods, was sued by Capitol Records Inc. for infringing its copyright. Is it appropriate to abrogate the doctrine when it comes to digital goods or whether the doctrine should be applied irrespective of the method of consumption, takes centre stage. There are divergent views to this debate. In the European Union, after the UsedSoft case, the view is generally more favourable towards the application of the doctrine to digital goods, whereas, in the United States of America the view is more restrictive. But what copyright needs is a harmony between the divergent views, more favourably towards the views of the European Union, since, there have been technological advancements that do replicate the transfer of tangible goods in the digital domain. The doctrine of first sale is necessary in copyright law, irrespective of the method of consumption, as it tends to achieve a dual purpose. The first is public benefit. This it achieves by allowing more people to have access to literature and art. The second is economic benefit. It increases the overall economic activity by creating a market for second hand goods. But what should be kept in mind is that digital goods do have characteristics that make them easy to copy and distribute, which increases piracy. But should the answer to the problem lie in abrogating the doctrine for digital goods or in technology itself, there will be a problem. This is because once the doctrine has been abrogated, it will be almost impossible to reintroduce it, if and when technology should change and there rises a need for the doctrine. But if you let the doctrine be as it is and let technology accommodate the doctrine then it is much safer.

Aereo and FilmOn X stream television programming over the Internet for a monthly subscription fee. Aereo and FilmOn's technology permits subscribers to watch both live broadcast television in addition to already-aired programming. Their use of this development in technology has triggered multiple lawsuits from broadcasting companies alleging copyright violations. These cases reveal not only multiple interpretations of copyright law and its application to new and developing technologies but also a possible “loophole” in the law, which some have accused Aereo and FilmOn of exploiting. This book discusses internet television streaming and copyright laws. It then discusses remote-storage digital video recorders and the copyright laws that go along with it.

Whether you're an inventor, designer, writer or programmer, you need to understand the language of intellectual property law. Otherwise, you can't intelligently deal with intellectual property issues such as:. who owns creative works or valuable information. how owners can protect and enforce their ownership rights. how disputes between intellectual property owners can be resolved, and. how ownership rights can best be transferred to others. With Patent, Copyright & Trademark, you will:. get clear overviews of relevant laws. understand the different kinds of protection offered by patents, copyrights, trademarks and trade secrets -- and which apply to your work. get a plain-English definition of every term you're likely to come across, and. find the information you need, quickly and easily -- all entries are organized by topic and extensively cross-referenced. This edition has been updated to reflect the latest changes in intellectual property law and provides the latest U.S. Patent and Trademark Office rules and forms. It includes up-to-date discussions of the new'first to file'rule, which promises to revolutionize patent law. Plus, read all new Q&As excerpted from author Richard Stim's popular blog, Dear Rich.

Copyright and other types of laws regulating intellectual property create an increasing concern for contemporary scholarship. The digital environment has created exciting new opportunities and possibilities for scholars to work and distribute their work. But these new opportunities also create issues that did not arise in the analog world. Owning and Using Scholarship: An IP Handbook for Teachers and Researchers attempts to demystify intellectual property, and especially copyright law, for academic authors and independent scholars who face these dilemmas. It also can serve as a comprehensive resource for librarians who are asked to assist with these new and challenging decisions.

According to the Oral History Association, the term oral history refers to'a method of recording and preserving oral testimony'which results in a verbal document that is'made available in different forms to other users, researchers, and the public.'Ordinarily such an academic process would seem to be far removed from legal challenges. Unfortunately this is not the case. While the field has not become a legal minefield, given its tremendous growth and increasing focus on contemporary topics, more legal troubles could well lie ahead if sound procedures are not put in place and periodically revisited. A Guide to Oral History and the Law is the definitive resource for all oral history practitioners. In clear, accessible language it thoroughly explains all of the major legal issues including legal release agreements, the protection of restricted interviews, the privacy torts (including defamation), copyright, the impact of the Internet, and the role of Institutional Review Boards (IRBs). The author accomplishes this by examining the most relevant court cases and citing examples of policies and procedures that oral history programs have used to avoid legal difficulties. Neuenschwander's central focus throughout the book is on prevention rather than litigation. He underscores this approach by strongly emphasizing how close adherence to the Oral History Association's Principles and Best Practices provides the best foundation for developing sound legal policies. The book also provides more than a dozen sample legal release agreements that are applicable to a wide variety of situations. This volume is an essential one for all oral historians regardless of their interviewing focus.

An accessible and comprehensive guide to copyright law, updated to include new developments in infringement, fair use, and the impact of digital technology.Through five editions since 1981, this book has offered the most comprehensive accessible guide available to all aspects of copyright law. Now, with the sixth edition, The Copyright Book has been thoroughly updated to cover copyright for the Internet age, discussing a range of developments in the law since 2000. The only book written for nonlawyers that covers the entire field of copyright law, it is essential reading for authors, artists, creative people in every medium, the companies that hire them, users of copyrighted material, and anyone with an interest in copyright law from a policy perspective.New material includes greatly expanded coverage of infringement and fair use, with detailed discussion of recent decisions, including the Grateful Dead, Google, and HathiTrust cases. The new edition considers such topics as open access, the defeat of the Stop Online Piracy Act (SOPA), file sharing, e-reserves, the status of “orphan works,” and the latest developments under the Digital Millennium Copyright Act (DMCA).The sixth edition also brings up to date The Copyright Book's plain English explanation of such fundamental topics as authorship and ownership; transfers and licenses of copyright; copyright notice; registration of copyright (including the new online registration and “preregistration” systems); the scope of rights included in copyright, and exceptions to those rights; “moral rights”; compulsory licenses; tax treatment of copyright; and international aspects of copyright law. As copyright issues grow ever more complicated, The Copyright Book becomes ever more indispensable.

As more and more colleges and universities establish copyright offices and/or assign the responsibilities of copyright education and advisory services to specific individuals within the institution, many times librarians, there is a paucity of resources available on how to manage that responsibility. Most works on copyright discuss the law and court cases interpreting the law but few address the situational application of it and the management and coordination of copyright efforts on a campus. Here is a complete, one-stop, guide to managing copyright at all levels—community college, college, and university. Complete chapters are devoted to:The university cultureThe role of a copyright officeHow to establish a copyright officeCopyright services for librariansCopyright services for facultyCopyright services for administrators and staffCopyright services for studentsWritten by the director of the University Copyright Office at Purdue University who holds both law and library science degrees, this is complete, authoritative guide is a must-purchase for every institution of higher education seeking to comply with the copyright law and thus avoid potential liability exposure.

A consensus has recently emerged among academics and policymakers that US copyright law has fallen out of balance. Lawmakers have responded by taking up proposals to reform the Copyright Act. But how should they proceed? This book offers a new and insightful view of copyright, marking the path toward a world less encumbered by legal restrictions and yet richer in art, music, and other expressive works. Two opposing viewpoints have driven the debate over copyright policy. One side questions copyright for the same reasons it questions all restraints on freedoms of expression, and dismisses copyright, like other forms of property, as a mere plaything of political forces. The opposing side regards copyrights as property rights that deserve-like rights in houses, cars, and other forms of property-the fullest protection of the law. Each of these viewpoints defends important truths. Both fail, however, to capture the essence of copyright. Intellectual Privilege reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective comes fresh solutions to copyright's problems.

The book reads so easily you hardly notice the erudition that has gone into it. Whether the authors are right in thinking harmonisation would be easier than is supposed is an open question - one they make you think about seriously.'- Rt Hon Sir Robin Jacob, University College London, UKThis insightful study explores the constitutional, institutional, and cultural barriers to harmonisation of the copyright laws of the United States and the European Union. It considers these matters in the real world transnational environment in which copyright law operates and suggests that the reality transcends the differences, offering a framework for meaningful harmonisation.The authors examine in detail and offer a critique of the sporadic and historic attempts at one or another form of harmonisation, via treaty and otherwise, from the creation of a minimal standards regime to the proliferation of substantive treaties. They similarly examine the respective competencies of the US and the EU to adopt a transnational regime, and propose a workable framework consistent with these competencies.Offering a critical analysis of treaties and other prior attempts at forms of harmonization, this book will have special appeal to governmental and nongovernmental individuals involved in the ongoing efforts of WIPO and the WTO, as well as copyright and intellectual property practitioners with internationally oriented practices.Contents: 1. Harmony, Policy, and Power 2. Minimum Standards and International Codes 3. Why We Don't Play Well with Others: U.S. Constitutional Constraints on Harmonisation of Copyright Law 4. If There is a Will, There is a Way…. The Broad Legislative Competence of the European Union 5. A Framework for Harmonisation Index

Copyright law is a critical issue for authors, librarians, publishers, and information vendors. It is also a complex area, with many shades of gray. Librarians continually need to seek answers to questions ranging from the reproduction of copyrighted works for library users, through the performance of audiovisual works, to the digitization and display of protected works on library websites. This book presents updated versions of the author's copyright columns published in Against the Grain, the leading journal in acquisitions librarianship since the late 1990s. It is the first volume in the series Charleston Insights in Library, Archival, and Information Sciences. The aim of the Charleston Insights series is to focus on important topics in library and information science, presenting the issues in a relatively jargon-free way that is accessible to all types of information professionals, including librarians, publishers, and vendors, and this goal shapes the pragmatic and accessible tone of the book. The volume is presented in question-and-answer format. The questions are real, submitted by librarians, educators, and other information professionals who have attended the author's copyright law workshops and presentations or submitted them to her by e-mail or telephone. The author has selected the questions and answers that have general applicability. She has then arranged them into logical chapters, each prefaced by a short introduction to the topic. Because it is written in an accessible and clear style, readers may want to review the entire work or they can just access particular chapters or even specific questions as they need them. The volume includes an index to facilitate reference use.

Die Bedeutung des § 32 b UrhG zeigt sich insbesondere im Verhältnis zu den USA. Denn ein Großteil der internationalen urheberrechtlichen Nutzungsrechtseinräumungen, die der § 32 b UrhG regelt, erfolgt zwischen Vertragsparteien in Deutschland und in den USA. Die vorliegende Arbeit untersucht, unter welchen tatsächlichen und rechtlichen Bedingungen der § 32 b UrhG in Deutschland und den USA Wirkung entfaltet. Des Weiteren unternimmt das Werk einen Blick auf zukünftige (internationale) urheber- und anerkennungsrechtliche Vertrags- und Regelwerke.

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 Constitution gives Congress the power to establish copyright--to promote the Progress of Science and useful Arts. This requires Congress to engage in a delicate balancing act, giving authors enough protection that they will be motivated to create expressive works, but not so much that it hampers innovation and public access to information. Yet over the past half-century Congress has routinely shifted the balance in only one direction--away from access and freedom and toward greater privileges for organized special interests. Conservatives and libertarians, who are naturally suspicious of big government, should be skeptical of an ever-expanding copyright system. They should also be skeptical of the recent trend toward criminal prosecution of even minor copyright infringements, of the growing use of civil asset forfeiture in copyright enforcement, and of attempts to regulate the Internet and electronics in the name of piracy eradication. Copyright Unbalanced is not a moral case for or against copyright; it is a pragmatic look at the excesses of the present copyright regime and of proposals to expand it further. It is a call for reform--to roll back the expansions and reinstate the limits that the Constitution's framers placed on copyright.

This title provides a clear and thorough exploration of the doctrinal and policy issues in American copyright law. In a style accessible to both students and practitioners, it covers every major topic in basic copyright courses: history, formalities, exclusive rights, fair use, civil and criminal enforcement, and federal preemption of state law. The authors also address major new issues that have emerged, including the rules of the Digital Millennium Copyright Act regarding circumvention of technological protections of copyrighted materials, and the principles of secondary liability, both in their basic form and as developed through application of the DMCA to Internet service providers. In addition, attention is given to the important points at which U.S. copyright law intersects with international intellectual property treaties.

From the shopping mall to the corner bistro, knockoffs are everywhere in today's marketplace. Conventional wisdom holds that copying kills creativity, and that laws that protect against copies are essential to innovation--and economic success. But are copyrights and patents always necessary? In The Knockoff Economy, Kal Raustiala and Christopher Sprigman provocatively argue that creativity can not only survive in the face of copying, but can thrive. The Knockoff Economy approaches the question of incentives and innovation in a wholly new way--by exploring creative fields where copying is generally legal, such as fashion, food, and even professional football. By uncovering these important but rarely studied industries, Raustiala and Sprigman reveal a nuanced and fascinating relationship between imitation and innovation. In some creative fields, copying is kept in check through informal industry norms enforced by private sanctions. In others, the freedom to copy actually promotes creativity. High fashion gave rise to the very term'knockoff,'yet the freedom to imitate great designs only makes the fashion cycle run faster--and forces the fashion industry to be even more creative. Raustiala and Sprigman carry their analysis from food to font design to football plays to finance, examining how and why each of these vibrant industries remains innovative even when imitation is common. There is an important thread that ties all these instances together--successful creative industries can evolve to the point where they become inoculated against--and even profit from--a world of free and easy copying. And there are important lessons here for copyright-focused industries, like music and film, that have struggled as digital technologies have made copying increasingly widespread and difficult to stop. Raustiala and Sprigman's arguments have been making headlines in The New Yorker, the New York Times, the Financial Times, the Boston Globe, Le Monde, and at the Freakonomics blog, where they are regular contributors. By looking where few had looked before--at markets that fall outside normal IP law--The Knockoff Economy opens up fascinating creative worlds. And it demonstrates that not only is a great deal of innovation possible without intellectual property, but that intellectual property's absence is sometimes better for innovation.

In today's complex media environment, aspiring filmmakers and new media artists are as vulnerable as swimmers in shark-infested waters. This user-friendly guide supplies creative artists with the essential legal concepts needed to swim safely with lawyers, agents, executives, and other experts in intellectual property and business lawHow do I copyright my screenplay? How can I clear rights for my film project? What can I do to avoid legal trouble when I produce my mockumentary? How do I ascertain whether a vintage novel is in the public domain? Is the trademark I've invented for my production company available? What about copyright and trademark rights overseas? If I upload my film to YouTube, do I give up any rights?Bill Seiter and Ellen Seiter answer these questions and countless others while also demystifying the fundamental principles of intellectual property. Clear and thorough, this plain-spoken and practical guide is essential for anyone seeking to navigate the rapidly changing media environment of today.

This book explores the transmission of copyrighted sound recordings to the public by over-the-air AM/FM radio stations which is an activity that implicates the right of public performance under the Copyright Act. However, under current law, terrestrial radio broadcasters who play copyrighted music need only compensate songwriters for the performance of their musical compositions and not the holders of the copyright in the sound recording. Sound recording copyright holders assert that there is no justifiable reason for the copyright law to treat sound recordings differently from other categories of performable copyrighted works. They maintain that recording artists deserve to be fairly compensated by broadcast radio for public performance of their works just as songwriters and music publishers are currently being paid for such activity.

School librarians and educators have specific copyright questions that are often glossed over in larger books on the subject. Now, thanks to best-selling copyright authority Carrie Russell, there's a resource just for them, offering clear guidance for providing materials to students while carefully observing copyright law. Using whimsical illustrations so well known from Complete Copyright, Russell Offers detailed advice on the distinctive issues of intellectual property in the school setting Explores scenarios often encountered by educators, such as using copyrighted material in school plays, band and orchestra performances, bulletin board displays, and student participation in social media Precisely defines “fair use,” empowering readers by showing exactly what's possible within the law Balancing intellectual property law with the rights of school librarians and educators will be a snap with an assist from Complete Copyright for K–12 Librarians and Educators.

The compelling story of a groundbreaking, 12-year legal battle launched against the smaller Ananda Church by the established and wealthy Self-Realization Fellowship—both followers of spiritual master, Paramhansa Yogananda, author of the classic Autobiography of a Yogi. SRF's intent was, as the judge observed, “to put Ananda out of business.” Includes rare vignettes that offer a timeline glimpse into the challenges of Yogananda's own mission to the West.

Copyright in the world of digital information is changing at a fevered pace, even as educators and librarians digitize, upload, download, draw on databases, and incorporate materials into Web-based instruction. It's essential to stay abreast of the basics of copyright law and fair use. Kenneth D. Crews has completely revised his classic text to remap the territory with fresh, timely insights into applications of copyright law for librarians, educators, and academics. Readers will Learn basic copyright definitions and key exceptions for education and library services Find information quickly with “key points” sidebars, legislative citations, and cross-references Understand the four factors of fair use and related court interpretations Get up to speed on current interpretations of the Digital Millennium Copyright Act from a librarian-educator viewpointCopyright Law for Educators and Librarians--highly praised in previous editions--draws on cutting-edge case law in 18 discrete areas of copyright, including specialized and controversial music and sound recording issues. Information professionals will find the tools they need to take control of their rights and responsibilities as copyright owners and users in this succinct, easy-to-use guide.

Trademark and copyright litigation has become increasingly complex reflecting the ever increasing share of value represented by brands and creative works. As a result, there is a growing demand for practice-tested advice and commentary related to winning strategies. Trademark and Copyright Litigation: Forms and Analysis by Mark V.B. Partridge and Phillip Barengolts is designed to satisfy that demand by offering the actual and recommended sample documents for federal court trademark and copyright litigation. Presented in chronological order, the forms proceed from the inception of a case through trial and appeal, (i.e., complaint, answer, discovery requests, motions and supporting memoranda, preparation outlines, pretrial orders, witness outlines, appeal documents and briefs). The information is created and collected by Partridge and Barengolts from existing materials obtained from their own practice, as well as from other attorneys and court records. A unique feature of the book will be the use of actual documents from well-known trademark and copyright cases, with commentary on the strengths, and, in some instances, the weaknesses of these particular'real-world'examples.

This book contains valid, real-world copyright questions posed by real-life educators—all answered by a knowledgeable and experienced school attorney.For close to a decade, author Carol Simpson fielded and answered inquiries for the'Copyright Questions of the Month'column for Library Media Connection. The questions and answers of this book are gleaned from the myriad copyright questions submitted to her by actual educators in the field, addressing the unique copyright issues in schools.The information in Copyright Catechism II: Practical Answers to Everyday School Dilemmas will be invaluable to K–12 educators of all types, but especially librarians, technology specialists, and school administrators without time to study copyright law in-depth. The topics covered represent the complex and potentially confusing issues that active K–12 educators encounter in their daily work.