Author: Michael Gruenberger Publisher: ISBN: Category : Languages : en Pages : 70
Book Description
The twentieth century has witnessed the birth and the upbringing of performers' rights. Although performances in general are interpretations of works of authorship, the international community has not followed national doctrines that provide performers with copyright protection. Performers, producers of phonograms, and broadcasting organizations have been granted related or neighboring rights instead. The existing international treaties in this field, such as the Rome Convention, TRIPS, and the WPPT have cemented this approach and many legal systems have implemented it.The impressive scope of protection on the international level does not determine its national level. Its existence does not itself justify why a state chooses to join international treaties. I argue that only national law, specifically national constitutions, can furnish compelling legal - not political - reasons whether and to what extent to establish protection for performers. In particular, I analyze whether the national law requires protection of performers by giving them exclusive rights in their performances. Comparing the legals systems of the U.S. and Germany I argue that the United States Constitution does not require a state to protect performers against exploitation of their performances by others. German constitutional law offers a strikingly different approach. The state has a duty to protect its citizen's fundamental rights against interference by non-state actors. The property clause in the Basic Law requires protection for performers. Finally, I propose a method to balance the competing interests known as the proportionality principle.
Author: Richard Arnold Publisher: ISBN: Category : Law Languages : en Pages : 632
Book Description
This is a leading text on the protection of performers' rights and has been updated to cover new legislation, case law and the impact of the Internet.
Author: Derek Miller Publisher: Cambridge University Press ISBN: 1108584179 Category : Drama Languages : en Pages : 293
Book Description
In the nineteenth century, copyright law expanded to include performances of theatrical and musical works. These laws transformed how people made and consumed performances. Exploring precedent-setting litigation on both sides of the Atlantic, this book traces how courts developed definitions of theater and music to suit new performance rights laws. From Gilbert and Sullivan battling to protect The Mikado to Augustin Daly petitioning to control his spectacular 'railroad scene', artists worked with courts to refine vague legal language into clear, functional theories of drama, music, and performance. Through cases that ensnared figures including Lord Byron, Laura Keene, and Dion Boucicault, this book discovers how the law theorized central aspects of performance including embodiment, affect, audience response, and the relationship between scripts and performances. This history reveals how the advent of performance rights reshaped how we value performance both as an artistic medium and as property.
Author: Shayerah Ilias Publisher: Nova Publishers ISBN: 9781604565621 Category : Business & Economics Languages : en Pages : 84
Book Description
Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.
Author: Irini A. Stamatoudi Publisher: Kluwer Law International B.V. ISBN: 9041159991 Category : Law Languages : en Pages : 522
Book Description
More than a source of income and a means of protection for creators, rightholders, and the creative and entertainment industries, copyright is also a vehicle for technological advances and economic development. In the European Union, industries with intensive emphasis on intellectual property rights (mainly copyright) generate more than a quarter of employment and more than a third of economic activity. Yet copyright continues to be plagued by problematic attempts to balance the interests of rightholders, the public, consumers, intermediaries, collecting societies, different national legal traditions, and other forces, European and global. This book draws a comprehensive picture of current, pending, and proposed copyright developments – legislation, ‘communications,’ white papers, and court decisions – at the levels of the European Union and the World Intellectual Property Organization. Twenty-two well-known and prestigious experts on intellectual property law from seventeen jurisdictions worldwide contribute essays on particular trends in copyright, including discussions of the following and more: - making content available in an EU digital single market; - collective management and multi-territorial licensing; - exceptions for libraries and archives, education and research; - traditional knowledge and cultural expressions; - unjustified geoblocking; - illegal content on the Internet; - text and data mining; - copyright enforcement online; and - role of the European Court of Justice. Policy recommendations are also set forth, as well as a detailed conceptual framework for a potential EU Copyright Code. As a detailed and thoughtful overview of current trends in copyright internationally, this book has no peers. It is sure to be welcomed by practitioners, policymakers, academics, researchers, and business leaders for whom intellectual property rights, and especially copyright, are of the first importance.
Author: Paul Torremans Publisher: Kluwer Law International B.V. ISBN: 9403513144 Category : Law Languages : en Pages : 1005
Book Description
Intellectual Property Law and Human Rights Fourth Edition Edited by Paul L.C. Torremans Once regarded as a niche topic, the nexus of intellectual property and human rights now lies in the eye of the storm that is today’s global economy. In this expanded new edition of the pre-eminent work in this crucial area of legal theory and practice – with nine completely new chapters – well-known authorities in both intellectual property law and human rights law present an in-depth analysis and discussion of essential and emerging issues in the convergence of intellectual property law and human rights law. The fourth edition is fully updated to address current matters as diverse as artificial intelligence, climate change, and biotechnological materials, all centred on the relations between intellectual property and freedom of expression and the fundamental right to privacy in an intellectual property environment. The contributors address such topics as the following and more: the status of copyright as a fundamental right; fair use, transformative use, and the US First Amendment; intellectual property in the jurisprudence of the European Court of Human Rights; freedom to receive and impart information under the EU Charter of Fundamental Rights; how to mitigate the risks article 17 of Directive 2019/970 poses to freedom of expression; fair dealing defences; algorithmic copyright enforcement and free speech; developing a right to privacy for corporations; expanding the role of morality and public policy in European patent law; and ethical and religious concerns over patenting biotechnological inventions. As human rights issues continue to arise in an intellectual property context, practitioners, academics, and policymakers in both fields will continue to recognize and use this well-established cornerstone work in the debate as a springboard to the future development of the ever more prominent interface of intellectual property and human rights.
Author: Owen Morgan Publisher: Hart Publishing ISBN: 9781841132853 Category : Law Languages : en Pages : 0
Book Description
With the development of technology such as films,sound recordings and the Internet, performers have lost control over the exploitation of their performances. The perceived need to protect performers on an international basis - that is, in states in which they are foreigners – has led to provisions being included in three international instruments (the Rome Convention (1961), TRIPS (1994), and the WIPO Performances and Phonograms Treaty (1996)) that together form an international system of performers' rights. The scope of performers' rights protection is a contentious issue at the international level. The WIPO Performances and Phonograms Treaty nearly foundered on the issue of the level of protection to be granted to performers whose performances are exploited in films, videos and other audiovisual media; and a Diplomatic Conference held in Geneva in December 2000 failed to reach agreement on the terms of an international instrument protecting such performers. This is the first book in English to provide a comparative analysis of the protection afforded to performers in the international instruments. Although the focus is on establishing whether the international instruments provide an appropriate system of protection, attention is given to the key underlying issues: from whom or from what do performers need protection; can protection for performers be justified; what is a performance? Where appropriate, examples of domestic legislation and cases are drawn from the UK and other common law jurisdictions. This book will be of value to practitioners, academics and to government officials interested in determining the future shape of domestic law. It will also provide interesting and valuable assistance to officials in performers' and producers' unions and guilds.
Author: Laurence R. Helfer Publisher: Cambridge University Press ISBN: 1139496913 Category : Law Languages : en Pages : 567
Book Description
This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.
Author: Michael Gruenberger
Author: Richard Arnold
Author: Derek Miller
Author: Shayerah Ilias
Author: Irini A. Stamatoudi
Author: Paul Torremans
Author: Owen Morgan
Author: 
Author: United States
Author: Laurence R. Helfer