Copyright Limitations and Contracts:An Analysis of the Contractual Overridability of Limitations on Copyright PDF Download

Author: Lucie Guibault
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 400

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Book Description
This book explores this conflict, focusing on statutory copyright limitations that enshrine constitutional rights such as freedom of expression and privacy, foster dissemination of knowledge, safeguard competition, and protect authors from market failure. It explains the rationale for these limitations and questions the legality of overriding them by contractual means. The author finds a complex array of factors clouding the emergence of coherent rules in the matter and points out that the United States' Uniform Computer Information Transactions Act (UCITA) leaves this issue essentially unresolved. Among the author's insights is that, contrary to the commonly held notion that the Internet is a bastion of free speech, in fact it is now possible (via encryption technology) to exercise absolute control over copyrighted material, even under circumstances of global mass distribution.

Author: Martin Senftleben
Publisher: Kluwer Law International B.V.
ISBN: 9041122672
Category : Law
Languages : en
Pages : 358

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Book Description
The book includes: viable restatements of the rationales of copyright protection for the emerging IP environment; new insights into the relationship between copyright protection and copyright limitations; in-depth explanation of the structure and functioning of the three-step test; detailed interpretations of each criterion of the test; discussion of the two WTO panelreports dealing with the test; a proposal for the further improvement of the copyright system and the international rules governing copyright law; detailed information about international conference material concerning the test; and discussion of potential future trends in copyright law. The author provides many examples that demonstrate the test's impact on different types of limitations, such as private use privileges and the U.S. fair use doctrine. He explains the test's role in the European Copyright Directive.

Author: David Lindsay
Publisher:
ISBN: 9781876692032
Category : Business & Economics
Languages : en
Pages : 120

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Book Description
"This paper examines fundamental issues concerning the relationship between copyright and contract law. The use of mass market licences, such as shrinkwrap and clickwrap licences, has the potential to affect the traditional understanding of the relationship between copyright and contract. There remain considerable uncertainties concerning the legal enforceability of such licences. If enforceable, mass market licences may define the respective interests of copyright owners and users in ways that differ from the balance of interests established under copyright law. On the understanding that copyright protection performs important economic functions, this paper adopts a 'law and economics' framework for analysing policy issues relating to mass market licences. At the same time, it accepts that this form of analysis has some limitations." -- from the Preface, p. 1.

Author:
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 464

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Book Description

Author: Ruth L. Okediji
Publisher: Cambridge University Press
ISBN: 1107132371
Category : Law
Languages : en
Pages : 543

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Book Description
In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.

Author: Federal Bar Association of New York, New Jersey, and Connecticut. Copyright Committee
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 288

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Book Description

Author: Shyamkrishna Balganesh
Publisher: Cambridge University Press
ISBN: 1108670873
Category : Law
Languages : en
Pages : 719

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Book Description
While copyright law is ordinarily thought to consist primarily of exclusive rights, the regime's various exemptions and immunities from liability for copyright infringement form an integral part of its functioning, and serve to balance copyright's grant of a private benefit to authors/creators with the broader public interest. With contributors from all over the world, this handbook offers a systematic, thorough study of copyright limitations and exceptions adopted in major jurisdictions, including the United States, the European Union, and China. In addition to providing justifications for these limitations, the chapters compare differences and similarities that exist in major jurisdictions and offer suggestions about how to improve the enforcement of copyright limitations domestically and globally. This work should appeal to scholars, policymakers, attorneys, teachers, judges, and students with an interest in the theories, policies, and doctrines of copyright law.

Author: Robert A. Gorman
Publisher: Foundation Press
ISBN: 9781609300197
Category : Copyright
Languages : en
Pages : 0

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Book Description
With stimulating questions and discussion problems, comprehensive notes, and teachable and well-edited cases as its hallmarks, this is the authoritative law school casebook for the study of copyright law. The book presents up-to-date materials dealing both with new technologies and with the more "traditional" issues in the field. The increasingly important issue of secondary liability is represented by decisions in the Ninth Circuit and other courts subsequent to the Supreme Court's decision in MGM Studios, Inc. v. Grokster, Ltd. The book has similarly amplified the caselaw on the limited liability of internet service providers. The Digital Millennium Copyright Act's provisions on technological protection measures and copyright management information are also covered, through well-selected cases and analysis of successive Copyright Office Rulemakings. A revised and updated chapter on fair use traces the expansion of that doctrine in both the digital and the more traditional contexts. Other expanded topics include the evolving caselaw on copyright ownership and termination of transfers, the increasingly contentious policy issues underlying copyright formalities and the related problem of "orphan works," contractual limitations on user prerogatives, and international issues. There will also be more photographs illustrating current cases dealing with originality and infringement. The casebook will continue its position as the outstanding book in the field-comprehensive and thorough, and stimulating and enjoyable for both teacher and students.

Author: John Gilchrist
Publisher: Springer
ISBN: 3319956906
Category : Law
Languages : en
Pages : 292

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Book Description
This book provides international perspectives on the law of copyright in relation to three core themes - copyright and developing countries; the government and copyright; and technology and the future of copyright. The third theme includes an examination of the extent to which technology will dictate the development of the law, and a re-examination of the role of copyright in fostering innovation and creativity. As a critique, one chapter discusses how certain rights can create or reinforce social inequality under copyright royalty systems. Underlying these themes is the role the law of copyright has in encouraging or impeding human flourishing.

Author: Mireille M. M. van Eechoud
Publisher: Kluwer Law International B.V.
ISBN: 9041120718
Category : Law
Languages : en
Pages : 306

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Book Description
Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.