Copyright And The Conflict Of Laws
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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.
Intellectual Property In The Conflict Of Laws
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Author : Schaafsma, Sierd J.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-01-14
Intellectual Property In The Conflict Of Laws written by Schaafsma, Sierd J. 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 2022-01-14 with Law categories.
This comprehensive book provides a ground-breaking new explanation of the principle of national treatment in the Berne Convention and the Paris Convention and new insights into the history of the conflict-of-laws, aliens law and their relationship. Providing a full and detailed analysis of the existence and the interpretation of the conflict-of-law rule in these conventions, this book will be an important resource for legal scholars, specialized practitioners and policy-makers.
Copyright And The Conflict Of Laws
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Author : Stig Strömholm
language : en
Publisher:
Release Date : 2010
Copyright And The Conflict Of Laws written by Stig Strömholm and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Conflict of laws categories.
Copyrights And The Conflict Of Laws
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Author : D. M. Kloss
language : en
Publisher:
Release Date : 1985
Copyrights And The Conflict Of Laws written by D. M. Kloss and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Copyright categories.
Intellectual Property Rights And The Conflict Of Laws
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Author : Eugen Ulmer
language : en
Publisher: Springer
Release Date : 1978
Intellectual Property Rights And The Conflict Of Laws written by Eugen Ulmer and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Law categories.
Copyright Law In The Digital World
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Author : Manoj Kumar Sinha
language : en
Publisher: Springer
Release Date : 2017-03-06
Copyright Law In The Digital World written by Manoj Kumar Sinha and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-06 with Law categories.
This book addresses the key issues, challenges and implications arising out of changes in the copyright law and corresponding judicial responses. Using concrete examples, the book does not assume any prior knowledge of copyright law, but brings together leading intellectual property researchers to consider the significant role of copyright law in shaping the needs of the modern digital world. It provides an insight into two distinct arenas: copyright and digital media. The exponential increase in the ability to multiply and disseminate information by digital means has sparked numerous conflicts pertaining to copyright – and in turn has prompted lawmakers to expand the scope of copyright protection in the digital age. Bearing in mind the new questions that the advent of the digital age has raised on the role and function of copyright, the book presents a collection of papers largely covering new frontiers and changing horizons especially in this area. The contributions intensively address core issues including the exhaustion principle, copyright and digital media, liability of hosting service providers, the originality requirement, accessibility to published works for the visually disabled, criminalization of copyright infringement, and software protection under copyright law, among others. Consisting of 14 papers, this book will be equally interesting to researchers, policymakers, practitioners and lawmakers, especially those active in the field of Intellectual Property Rights (IPR).
Undetected Conflict Of Laws Problems In Cross Border Online Copyright Infringement Cases
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Author : Marketa Trimble
language : en
Publisher:
Release Date : 2020
Undetected Conflict Of Laws Problems In Cross Border Online Copyright Infringement Cases written by Marketa Trimble and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
This article provides and analyzes data on copyright infringement cases filed in U.S. federal district courts in 2013; it focuses on infringement cases involving activity on the internet and discusses actual and potential conflict-of-laws issues that the cases raised or could have raised. The article complements the report entitled "Private International Law Issues in Online Intellectual Property Infringement Disputes with Cross-Border Elements: An Analysis of National Approaches" (the "Report"), which was published by the World Intellectual Property Organization in September 2015. In the Report its author, Professor Andrew F. Christie, discusses his empirical findings about the intersection of intellectual property ("IP") law and conflict of laws and concludes that training activities, further research, and development of soft law would be the optimal means to address conflict-of-laws issues associated with cross-border IP infringements. This article arrives at a different conclusion: while training activities, further research, and the development of soft law may raise awareness of the issues, they will not solve the core problems that IP rights holders face when they strive to protect their rights against infringements on the internet. Development and coordination of conflict-of-laws rules, improvements in judicial cooperation, and streamlining of judicial proceedings in cross-border cases will be indispensable for addressing the issues effectively.
Law Applicable To Copyright
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Author : Rita Matulionyte
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011
Law Applicable To Copyright written by Rita Matulionyte 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 2011 with Law categories.
This book discusses the problems of applicable law in international copyright infringement cases and examines the solutions proposed to them in the recent projects by the American Law Institute (ALI) and the European Max Planck Group for Conflict of Laws and Intellectual Property (CLIP). In particular, the book analyses how the territoriality principle and the lex loci protectionis rule are applied in traditional, broadcasting and online cases in selected European and US jurisdictions. It then evaluates whether the rules on ubiquitous infringement, de minimis, initial ownership and party autonomy, as proposed by ALI and CLIP, address the identified problems. This detailed and thorough study will appeal to academics, researchers, postgraduate and doctorate students, as well as to EU and international policymakers in the field of intellectual property and international private law.
Intellectual Property Rights And The Conflict Of Laws
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Author : Eugen Ulmer
language : en
Publisher:
Release Date : 1978
Intellectual Property Rights And The Conflict Of Laws written by Eugen Ulmer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with categories.
A Short History Of Copyright
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Author : Benedict Atkinson
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-07-08
A Short History Of Copyright written by Benedict Atkinson and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-08 with Law categories.
This book tells the story of how, over centuries, people, society and culture created laws affecting supply of information. In the 21 century, uniform global copyright laws are claimed to be indispensable to the success of entertainment, internet and other information industries. Do copyright laws encourage information flow? Many say that copyright laws limit dissemination, harming society. In the last 300 years, industries armed with copyrights controlled output and distribution. Now the internet’s disruption of economic patterns may radically reshape information regulation. Information freedom, a source of emancipation, may change the world.