The Relationship Between Copyright And Contract Law
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The Relationship Between Copyright And Contract Law
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Author : Martin Kretschmer
language : en
Publisher:
Release Date : 2010
The Relationship Between Copyright And Contract Law written by Martin Kretschmer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
The Law And Economics Of Copyright Contract And Mass Market Licences
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Author : David Lindsay
language : en
Publisher:
Release Date : 2002
The Law And Economics Of Copyright Contract And Mass Market Licences written by David Lindsay and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Business & Economics categories.
"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.
Choice Of Law In Copyright And Related Rights
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Author : Mireille M. M. van Eechoud
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01
Choice Of Law In Copyright And Related Rights written by Mireille M. M. van Eechoud and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Law categories.
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.
Cross Border Copyright Licensing
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Author : Carlo Scollo Lavizzari
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
Cross Border Copyright Licensing written by Carlo Scollo Lavizzari and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Copyright Licensing can no longer be considered purely from the perspective of the licensor’s home territory. This practical and wide-ranging reference work provides comprehensive coverage of the law and practice of cross-border licensing in a number of major territories, including China, the EU, India, Mexico, Russia, Singapore, South Africa, and the USA. The book, written by expert authors with insight from practice and from their home jurisdictions, focuses on both copyright licensing and competition law and, specifically, the inter-relation between these legal fields. The book is uniquely structured to provide both thematic coverage and detailed analysis of each territory’s applicable laws and regulations, highlighting and addressing the legal issues that are most critical in and relevant to licensing practice. Cross-Border Copyright Licensing is an essential starting point for anyone considering or advising on the implementation or enforcement of a copyright licensing program, in either developed and emerging markets.
Copyright Property And The Social Contract
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Author : John Gilchrist
language : en
Publisher: Springer
Release Date : 2018-11-02
Copyright Property And The Social Contract written by John Gilchrist and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-02 with Law categories.
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.
Copyright Contracts Creators
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Author : Giuseppina D'Agostino
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Copyright Contracts Creators written by Giuseppina D'Agostino and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
`Copyright, Contracts, Creators provides a new and original analysis on the relationship between owners and creators and recommendations for legislative change to re-balance the relationship. It is a must-read for the intellectual property legal community and anyone interested in the promotion of creative works.'- Marshall Rothstein, Justice of the Supreme Court of Canada `Dr Giuseppina D'Agostino is a protector of the arts, and her work on intellectual property is designed not only to bring law and order to our digital universe but to bring hope to the artists, poets and writers whose only hope of pursuing their artistry is to earn income for their craft. A wonderful book by one of the most wonderful and forward thinking minds in this subject area.' -Tony Chapman, Founder and CEO, Capital C, Canada `Dr D `Agostino has produced an important, carefully documented and courageous study that deserves to be widely read and discussed and (dare one say?) even to have its message heeded.' - David Vaver, University of Oxford, UK. Copyright, Contracts, Creators evaluates the efficacy of current copyright law to address the contracting and use of creative works. It looks in particular at freelance works and argues that their copyright treatment on a national and international level is inadequate to resolve ambiguities in the contracting and uses of the work. Giuseppina D'Agostino discusses how historically laws and courts were more sympathetic to creators, and how the Internet revolution has shifted the scales to favour owners. Consequently, creators often find themselves at opposing ends with copyright owners, and in a disproportionately weaker bargaining position that places tremendous strain on their livelihoods. She argues that this predicament puts society at risk of losing its most valued asset: professional creators. The author calls for a new framework to justify legislative provisions and resolve ambiguities while suggesting principles and mechanisms to address the inadequate treatment of freelance work.
Copyright And Contract
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Author : Australia. Copyright Law Review Committee
language : en
Publisher:
Release Date : 2002
Copyright And Contract written by Australia. Copyright Law Review Committee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Contracts categories.
Copyright and Contract is the report of the CLRC's inquiry into the relationship between copyright and contract. It examines the principal exceptions in the Copyright Act 1968. It then goes on to look at whether contracts are being used to exclude or modify these exceptions. Finally, it discusses whether or not it should be possible to displace the exceptions set out in the legislation by contractual means.
Cohen Copyright Contracts
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Author : H. Cohen Jehoram
language : en
Publisher: Springer
Release Date : 1977
Cohen Copyright Contracts written by H. Cohen Jehoram and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Law categories.
Reports of an international symposium held in Amsterdam, April 26, 1974 and reports of an international symposium held in Berlin, October 1-2, 1975, supplemented by two American articles.
Copyright Limitations And Contracts An Analysis Of The Contractual Overridability Of Limitations On Copyright
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Author : Lucie Guibault
language : en
Publisher: Springer
Release Date : 2002-02-19
Copyright Limitations And Contracts An Analysis Of The Contractual Overridability Of Limitations On Copyright written by Lucie Guibault and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-02-19 with Law categories.
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.
Implied Licences In Copyright Law
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Author : Poorna Mysoor
language : en
Publisher: Oxford University Press
Release Date : 2021-03-04
Implied Licences In Copyright Law written by Poorna Mysoor and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-04 with Law categories.
A person can lawfully engage in an act restricted by copyright if they have the licence of the copyright owner or if their actions are covered by a statutory exception. However, if a person has the benefit of neither of these, it may still be possible to imply a copyright licence to respond to copyright infringement. In contrast to the rigidity of the statutory exceptions, implied licences are more malleable in being able to respond to a diverse set of circumstances, as the need arises. Thus, implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of the copyright owners and content users, especially in today's dynamic technological environment. However, implication as a process is contentious, and there are no established principles for implying copyright licences. The resulting uncertainty has prevented implied licences from being embraced more readily by the courts. Therefore, this book develops a methodical and transparent way of implying copyright licences, based on three sources: the consent of the copyright owner; an established custom; and state intervention to achieve policy goals. The frameworks proposed are customised separately for implying bare and contractual licences, where relevant. The book goes on to analyse the existing case law in the light of these frameworks to demonstrate how the court's reasoning can be made methodical and transparent. Underscoring the contemporary relevance of implied licences, this book tests and validates the methodology in relation to three essential and ubiquitous functions on the internet - browsing, hyperlinking, and indexing.
