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Author: Niva Elkin-Koren Publisher: Routledge ISBN: 1136249508 Category : Law Languages : en Pages : 212
Book Description
This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.
Author: Niva Elkin-Koren Publisher: Routledge ISBN: 1136249508 Category : Law Languages : en Pages : 212
Book Description
This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.
Author: Bethany Klein Publisher: SAGE ISBN: 1473927846 Category : Social Science Languages : en Pages : 197
Book Description
Digital technology has forever changed the way media is created, accessed, shared and regulated, raising serious questions about copyright for artists and fans, media companies and internet intermediaries, activists and governments. Taking a rounded view of the debates that have emerged over copyright in the digital age, this book: Looks across a broad range of industries including music, television and film to consider issues of media power and policy. Features engaging examples that have taken centre stage in the copyright debate, including high profile legal cases against Napster and The Pirate Bay, anti-piracy campaigns, the Creative Commons movement, and public protests against the expansion of copyright enforcement. Considers both the dominant voices, such as industry associations, and those who struggle to be heard, including ordinary media users, drawing on important studies into copyright from around the world. Offering media students and scholars a comprehensive overview of the contemporary issues surrounding intellectual property through the struggle over copyright, Understanding Copyright explores why disagreement is rife and how the policymaking process might accommodate a wider range of views.
Author: National Research Council Publisher: National Academies Press ISBN: 0309064996 Category : Law Languages : en Pages : 365
Book Description
Imagine sending a magazine article to 10 friends-making photocopies, putting them in envelopes, adding postage, and mailing them. Now consider how much easier it is to send that article to those 10 friends as an attachment to e-mail. Or to post the article on your own site on the World Wide Web. The ease of modifying or copying digitized material and the proliferation of computer networking have raised fundamental questions about copyright and patentâ€"intellectual property protections rooted in the U.S. Constitution. Hailed for quick and convenient access to a world of material, the Internet also poses serious economic issues for those who create and market that material. If people can so easily send music on the Internet for free, for example, who will pay for music? This book presents the multiple facets of digitized intellectual property, defining terms, identifying key issues, and exploring alternatives. It follows the complex threads of law, business, incentives to creators, the American tradition of access to information, the international context, and the nature of human behavior. Technology is explored for its ability to transfer content and its potential to protect intellectual property rights. The book proposes research and policy recommendations as well as principles for policymaking.
Author: Jeffrey H. Matsuura Publisher: Artech House ISBN: 1580533590 Category : Law Languages : en Pages : 247
Book Description
Jeffrey Matsuura examines the challenges and opportunities associated with the development, distribution and use of intellectual property and knowledge assets.
Author: Timothy Lee Wherry Publisher: American Library Association ISBN: 9780838908259 Category : Language Arts & Disciplines Languages : en Pages : 184
Book Description
This volume is a guide to intellectual property. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. This work includes an introduction to the basics of copyrights, patents, and trademarks and written especially to serve the needs and questions of librarians. The issue of what constitutes fair use, modern-day disputes over file swapping services such as Napster, common misconceptions about patent, among many other topics, is presented in easy-to-understand terms.
Author: Shaojun Liu Publisher: Springer Nature ISBN: 9811643806 Category : Law Languages : en Pages : 138
Book Description
This book comprehensively discusses the effects of digital technology on the way work is disseminated and the resulting challenges concerning the fair use of copyright. It also analyzes so-called fairness by examining theories on the system of fair use, demonstrating the “system changes that will be brought about by technological changes” from the perspective of economics, i.e., the problem of modification faced by the system of fair use of copyright. Exploring the nature and function of fair use and repositioning the fair use system, the book proposes a better design for China’s system of limitation on copyright and a readjustment of the copyright system. Lastly, in addition to analyzing the reconfigurations of fair use from an economic standpoint, the book describes in detail the interactions between legal systems and cultures.
Author: Julian Warner Publisher: Routledge ISBN: 1000167607 Category : Law Languages : en Pages : 164
Book 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.
Author: Bhamati Viswanathan Publisher: Routledge ISBN: 1351104780 Category : Law Languages : en Pages : 219
Book Description
Creators and creative industries are struggling to navigate the digital age. Intellectual property rights, including copyrights, trademarks, and patents, offer invaluable tools to help creative industries remain viable and sustainable. But to be fully effective, they must be considered as part of a greater ecosystem. Cultivating Copyright offers a framework for tailoring flexible strategies and adaptive solutions suited to diverse creative industries. Tailored solutions entail change on four fronts: business models and strategies, legal policies and practices, technological measures, and cultural and normative features. Creating strong creative industries through tailored solutions serves critical functions: promoting richly varied artistic endeavors and supporting democratic flourishing.
Author: Jessica Litman Publisher: Prometheus Books ISBN: 161592051X Category : Law Languages : en Pages : 216
Book Description
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.
Author: Niva Elkin-Koren
Author: Niva Elkin-Koren
Author: Bethany Klein
Author: National Research Council
Author: Jeffrey H. Matsuura
Author: Timothy Lee Wherry
Author: Shaojun Liu
Author: Adam D. Thierer
Author: Julian Warner
Author: Bhamati Viswanathan
Author: Jessica Litman