Copyright Exhaustion And Access To Books
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Copyright Exhaustion And Access To Books
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Author : Benson Mpalo
language : en
Publisher:
Release Date : 2013
Copyright Exhaustion And Access To Books written by Benson Mpalo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
In copyright law the choice of an exhaustion rule is crucial for access to protected works such as books. Policy makers across the globes have grappled with the question whether or not the copyright owner should control distribution beyond the first sale. At international level the doctrine of exhaustion also remains one of the most contentious and unresolved issues. This is mainly because the adoption of national exhaustion amounts to granting an importation right in which only the copyright owner or their licensed agent can legally import copies of a copyright product for distribution to the public. In effect, this amounts to a prohibition on parallel imports. This policy is extolled because it enables international companies to segment the global market and establish an international price discrimination strategy. On the other hand it is reviled because it tends to discourage competition from parallel imports. However, for many decades many developing countries especially in Africa, have suffered a critical dearth of books particularly in the higher education sector. In this thesis I argue that the doctrine of exhaustion has the potential to facilitate or inhibit the access to books in Southern Africa. I assert that although the doctrine of exhaustion can, at national level increase the availability and affordability of books, a national exhaustion rule is not very useful for the region which has a weak publishing infrastructure and creativity output. In sum I contend that parallel imports would provide an additional competition on the book market and lead to low prices of books. This would ultimately improve access to books in the region.
Copyright Exhaustion
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Author : Péter Mezei
language : en
Publisher: Cambridge University Press
Release Date : 2018-02-15
Copyright Exhaustion written by Péter Mezei and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-15 with Law categories.
A comprehensive, comparative analysis of the European and US approaches to the exhaustion doctrine in the offline and online world.
Copyright Exhaustion
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Author : Péter Mezei
language : en
Publisher:
Release Date : 2018
Copyright Exhaustion written by Péter Mezei and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Fair use (Copyright) categories.
In this timely book, copyright scholar Péter Mezei offers a comprehensive examination of copyright exhaustion, including its historical development, theoretical framework, practical application, and policy considerations. He compares the substantive norms and case law for the first-sale doctrine in the United States and in the European Union, covering both analogue and digital applications in detail, and in doing so questions the common rejection of exhaustion in the resale of digital subject matter such as computer programs, sound recordings, audiovisual works, and e-books. Instead, he proposes a digital first-sale doctrine that would offer legal consistency to copyright law and a technologically feasible framework for content producers and consumers. This book should be read by anyone interested in how copyright law continues to evolve in conjunction with the digital world
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).
Supplying And Reselling Digital Content
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Author : Geiregat, Simon
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-05-13
Supplying And Reselling Digital Content written by Geiregat, Simon 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 2022-05-13 with Law categories.
Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.
Research Handbook On Intellectual Property Exhaustion And Parallel Imports
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Author : Irene Calboli
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-06-24
Research Handbook On Intellectual Property Exhaustion And Parallel Imports written by Irene Calboli 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 2016-06-24 with Law categories.
From the Americas to the European Union, Asia-Pacific and Africa, countries around the world are facing increased pressure to clarify the application of intellectual property exhaustion. This wide-ranging Research Handbook explores the questions that pose themselves as a result. Should exhaustion apply at the national, regional, or international level? Should parallel imports be considered lawful imports? Should copyright, patent, and trademark laws follow the same regime? Should countries attempt to harmonize their approaches? To what extent should living matters and self-replicating technologies be subject to the principle of exhaustion? To what extent have the rise of digital goods and the “Internet of things” redefined the concept of exhaustion in cyberspace? The Handbook offers insights to the challenges surrounding these questions and highlights how one answer does not fit all.
Exhausting Intellectual Property Rights
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Author : Shubha Ghosh
language : en
Publisher:
Release Date : 2018
Exhausting Intellectual Property Rights written by Shubha Ghosh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Intellectual property categories.
"Even as globalization seems to be in retreat in political circles, the march of commercialization and markets continues. Government policies, whether tariffs, exits, or walls, cannot impede the competitive drive to meet consumer demand for products and services, whether within national boundaries or across them. The World Trade Organization, and the attendant Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) Agreement, speak to the push for open markets supported by uniform intellectual property laws. Against this dynamic is the push-back from nation states and regional agreements that adapt treaty obligations to the needs of local economic development"--
Balancing Copyright Law In The Digital Age
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Author : Roberto Caso
language : en
Publisher: Springer
Release Date : 2014-11-19
Balancing Copyright Law In The Digital Age written by Roberto Caso and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-19 with Law categories.
This book focuses on the thorny and highly topical issue of balancing copyright in the digital age. The idea for it sprang from the often heated debates among intellectual property scholars on the possibilities and the limits of copyright. Copyright law has been broadening its scope for decades now, and as a result it often clashes with other rights (frequently, fundamental rights), raising the question of which right prevails. The papers represent the product of intensive research by experts, who employ rigorous interpretative methodologies while keeping an eye on comparison and on the impacts of new technologies on law. The contributions concentrate on the "propertization" of copyright; on the principle of exhaustion of the distribution right; on the conflict between users' privacy and personal data needs; and on the balance between copyright and academic freedom. Starting from the difficulties inherently connected to the difficult task of balancing rights that respond to opposing interests, each essay analyzes techniques and arguments applied by institutional decision-makers in trying to solve this dilemma. Each author applies a specific methodology involving legal comparison, while taking into account the European framework for copyright and related rights. This work represents a unique piece of scholarship, in which a single issue is read through different lenses, demonstrating the need to reconcile copyright with other fundamental areas of law.
Copyright Exhaustion And The Role Of Libraries In The Ecosystem Of Knowledge
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Author : Ariel Katz
language : en
Publisher:
Release Date : 2017
Copyright Exhaustion And The Role Of Libraries In The Ecosystem Of Knowledge written by Ariel Katz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
In this Article, written for a symposium on the future of libraries in the digital age, I present and challenge two common views about the scope of the first-sale doctrine, or exhaustion: namely, that the doctrine applies only to the transfer of tangible copies of works but not to the transfer of digital files, and that copyright owners can circumvent exhaustion by characterizing transactions as “licenses” rather than “sales”, or by contracting out of it. The law on digital exhaustion is anything but settled. As codified, the “first sale” doctrine it may limit only the distribution right, but its statutory presence might merely affirm a broader principle of exhaustion--one of the several principles in copyright law that limit the copyright owner's powers. The principle of exhaustion can apply, and at times has been applied, beyond the distribution right.Likewise, the notion that copyright owners can circumvention exhaustion by characterizing transactions as “licenses” rather than “sales”, or by using contracts to exercise downstream control is hardly a foregone conclusion. Established precedent and sound legal principle indicate that while the law recognizes some scope for contracting around exhaustion, courts will not necessarily uphold any private reordering of the respective legal entitlements of copyright owners and users.While these observations and conclusions apply to exhaustion generally, they apply most demonstrably in the case of libraries. Libraries occupy a privileged space in the copyright system. Historically, libraries predate copyright, and the institutional role of libraries and institutions of higher learning in the “promotion of science” and the “encouragement of learning” was acknowledged before legislators decided to grant authors exclusive rights in their writings. The historical precedence of libraries and the legal recognition of their public function cannot determine every contemporary copyright question, but this historical fact is not devoid of legal consequence. History is part of the legislative history of statutes, and it constitutes part of the context that informs the interpretation of current statutes.Therefore, if not false, then the view that the current legislation does not allow digital exhaustion is at least questionable.
Eu Copyright Law
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Author : Morten Rosenmeier
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-03-25
Eu Copyright Law written by Morten Rosenmeier 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 2019-03-25 with Law categories.
EU Copyright Law Subsistence, Exploitation and Protection of Rights Morten Rosenmeier, Kacper Szkalej and Sanna Wolk Against a background in which technology continues to change the ways we create, use, distribute and consume cultural content – and where there has been a noticeable increase in the body of case law of Court of Justice of the European Union (CJEU) relating to copyright – copyright protection has become an essential component of the knowledge-based economy and the information society. This book, structured around the various rights and issues rather than the legislative instruments, greatly facilitates an understanding of the complex legal area of European Union (EU) copyright law and provides for a more conscious application of these rules. Among the issues and topics covered are the following: the CJEU’s interpretation of EU copyright law and application of fundamental rights; authorship and ownership of copyright; protection of computer programs and databases; scope of exclusive rights, such as communication to the public and distribution, including rental and lending; application of limitations and exceptions; cross-border access to online content services; digital exhaustion of copyright; and enforcement of copyright and cross-border issues; With its practical approach to the substance of the various legal rules and principles both at EU level and in the various EU Member States, the book clearly describes in detail how copyright law functions throughout the EU. Professionals, business entities and academics who must be familiar with this dynamic legal area, especially in the digital environment, will benefit greatly from the book’s clear consideration of legal questions that arise in connection with copyright issues.