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Author: Sabine Jacques Publisher: Oxford University Press ISBN: 0192529978 Category : Law Languages : en Pages : 305
Book Description
Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.
Author: Sabine Jacques Publisher: Oxford University Press ISBN: 0192529978 Category : Law Languages : en Pages : 305
Book Description
Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.
Author: Ysolde Gendreau Publisher: Edward Elgar Publishing ISBN: 1848445024 Category : Law Languages : en Pages : 345
Book Description
An Emerging Intellectual Property Paradigm is a definitive guide to the creative, cosmopolitan, cool-headed, and compassionate jurisprudence of Canadian intellectual property law. This volume shows that Canadian intellectual property law is an eclectic blend of British, French, and American legal traditions. After a pattern of resistance and accommodation, the legal system has internalised a variety of foreign influences. This collection explores the unique innovations of Canadian intellectual property law such as its pioneering development of moral rights; the robust Copyright Board of Canada; and the Jean Chretien Pledge to Africa Act. Canadian intellectual property law has much to teach the rest of the world forging a Middle Way between the extremes of intellectual property maximalism and free-for-all piracy and counterfeiting. Matthew Rimmer, The Australian National University College of Law, Australia In this book, reputed experts highlight the special features of Canadian intellectual property law. Situated at the crossroads between legal traditions in Europe and the United States, Canada s intellectual property laws blend various elements from these regions and offer innovative approaches. The chapters focus primarily on patents, trademarks, and copyright, covering both historical and contemporary developments. They are designed to bring perspective to and reflect upon what has become in recent years a very rich intellectual property environment. Dealing with the characteristic features of Canadian intellectual property law, this book will be of great interest to scholars and researchers, and undergraduate, graduate and postgraduate students of comparative and international intellectual property law, as well as those concerned with industrial property law and copyright law.
Author: International Literary and Artistic Association Publisher: Otto Cramwinckel Uitgever ISBN: 9789075727913 Category : Computer network resources Languages : en Pages : 554
Author: Stuart C. McCormack Publisher: Juris Publishing, Inc. ISBN: 1578232643 Category : Intellectual property Languages : en Pages : 752
Book Description
This treatise on Canadian intellectual property law, written by members of the I.P. practice group of Stikeman, Elliott, is a comprehensive source for answering many of the I.P. questions that arise for both lawyers and corporate counsel. With technologies and new ideas driving today’s economy as never before, intellectual property is a key factor in business success. While intellectual property is especially vital for knowledge-based industries, its importance cuts across sectors as well as national boundaries. To meet this challenge, Stikeman, Elliott takes a multi-disciplinary approach to the practice. Their team comprises dynamic and highly creative professionals, including intellectual property, corporate and international trade lawyers, who bring a wide range of training and experience to every transaction. This expertise has been critical to businesses throughout Canada and around the world who want to preserve, protect and exploit their intellectual property to the fullest while reducing the risks of jeopardizing their intellectual property assets. In addition to this work being an eminently practical reference source, it also provides insightful practice commentaries and detailed analysis of all major intellectual property law subjects. In sum, the Intellectual Property Law of Canada is a publication that anyone with Canadian I.P. interests or questions should not be without.
Author: Sabine Jacques
Author: Sabine Jacques
Author: Ysolde Gendreau
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Author: International Literary and Artistic Association
Author: Robert Crown Law Library
Author: Thierry Orlhac
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Author: Stuart C. McCormack
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Author: