Copyright Harm And Injunctions
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Copyright Harm And Injunctions
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Author : Christina Bohannan
language : en
Publisher:
Release Date : 2012
Copyright Harm And Injunctions written by Christina Bohannan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Copyright categories.
Over the past thirty-five years or so, the scope and duration of statutory copyright protection have increased dramatically. It is not hard to see how or why this has happened. In my 2006 article Reclaiming Copyright, I described in detail how special interests have captured copyright law.' Today, the story of copyright's capture is well-known. Authors, publishers, music companies, and other owners of profitable copyrighted content have a tremendous incentive to lobby for greater rights. But the excessive copyright protection that results imposes significant costs on the public. We pay more for copyrighted works, and we are less free to use copyrighted works to make new works and in self-expression. The result is harm to both future innovation and First Amendment values. Yet, most of us who use copyrighted works in our daily lives do not have a sufficient individual interest to organize a response to these forces, and so they go unchecked in the legislative process.
The Continuing Vitality Of The Presumption Of Irreparable Harm In Copyright Cases
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Author : Andrew F. Spillane
language : en
Publisher:
Release Date : 2011
The Continuing Vitality Of The Presumption Of Irreparable Harm In Copyright Cases written by Andrew F. Spillane and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
Property has long enjoyed civil enforcement through a potent remedy: the permanent injunction. For decades, federal courts across the country roundly granted permanent relief upon finding infringement and a threat of future infringement of one type of property: copyrights. Beyond these showings, a prevailing plaintiff in a copyright infringement case would not have to prove the cornerstone of equitable relief - irreparable harm - to obtain an injunction. But after the U.S. Supreme Court's decision in eBay v. MercExchange, some courts have abandoned this truncated equitable inquiry. In its place, the lower federal courts now apply eBay's four-factor test to determine whether a copyright case presents a possibility of irreparable harm. The handful of courts treating the eBay test have taken one of two approaches: rejecting a presumption of irreparable harm or continuing to recognize that presumption. In light of this emerging split of authority, this Comment argues that the presumption of irreparable harm should continue to have a place in American copyright law. Such a rebuttable presumption would protect copyright's exclusivity, address judicial distrust that defendants will voluntarily cease infringing activity, conserve judicial resources, allow courts to shape their equitable powers through general rules as post-eBay case law develops, and adhere to the history and traditions of equity practice eBay implores the courts to follow.
The Enforcement Of Intellectual Property Rights
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Author : L. T. C. Harms
language : en
Publisher: Geneva, Switzerland : WIPO
Release Date : 2005
The Enforcement Of Intellectual Property Rights written by L. T. C. Harms and has been published by Geneva, Switzerland : WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Copyright categories.
Written at the request of the Enforcement and Special Projects Division of the World Intellectual Property Organization (WIPO) by Louis Harms, judge at the Supreme Court of Appeal of South Africa, this work aims at becoming a valuable tool for the handling of intellectual property cases in common law countries, particularly where precedent in this domain is rare.
Patent Remedies And Complex Products
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Author : C. Bradford Biddle
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-27
Patent Remedies And Complex Products written by C. Bradford Biddle 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 2019-06-27 with Business & Economics categories.
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
The Global Regime For The Enforcement Of Intellectual Property Rights
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Author : Xavier Seuba
language : en
Publisher: Cambridge University Press
Release Date : 2019-03-21
The Global Regime For The Enforcement Of Intellectual Property Rights written by Xavier Seuba 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 2019-03-21 with Law categories.
In The Global Regime for the Enforcement of Intellectual Property Rights, Xavier Seuba offers a comprehensive description of the international norms and bodies dealing with the enforcement of intellectual property rights. The book analyzes multilateral, plurilateral, and bilateral treaties, and their national implementation, along with civil, border, and criminal enforcement. The book also explores the interface between the enforcement of intellectual property rights and the norms regulating international trade, competition, and human rights, as well as the conceptual and systemic aspects of enforcement, while illustrating the importance of these rights with examples in litigation. The book should be read by anyone interested in how intellectual property rights are being enforced around the world, and how these efforts relate to other legal regimes.
Injunctive Relief
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Author : Kirstin Stoll-DeBell
language : en
Publisher: American Bar Association
Release Date : 2009
Injunctive Relief written by Kirstin Stoll-DeBell and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
The injunction is an exceptionally potent remedy, the grant or denial of which often leads to a cascade of serious consequences. This comprehensive and practical guide to injunctive relief covers all issues that are relevant to these types of motions from pre-filing considerations to appellate relief. The book also includes time-saving checklists, flowcharts to help practitioners decide whether to file such motions and statistics relating to how often these motions are granted/denied.
Injunctions Against Intermediaries In The European Union
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Author : Martin Husovec
language : en
Publisher: Cambridge University Press
Release Date : 2017-11-30
Injunctions Against Intermediaries In The European Union written by Martin Husovec 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 2017-11-30 with Law categories.
This book explores an emerging type of intellectual property remedy - an injunction that can compel innocent third parties to provide enforcement assistance.
Exclusion Of Copyright Protection For Certain Legal Compilations
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property and Judicial Administration
language : en
Publisher:
Release Date : 1993
Exclusion Of Copyright Protection For Certain Legal Compilations written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property and Judicial Administration and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
A New Framework For Intermediary Liability
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Author : Kylie Pappalardo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-03-02
A New Framework For Intermediary Liability written by Kylie Pappalardo 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 2023-03-02 with Law categories.
A New Framework for Intermediary Liability presents a step-by-step framework for determining when internet intermediaries ought to have a duty to act to prevent copyright infringement on their platforms and services.
Understanding Copyright And Related Rights
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2006
Understanding Copyright And Related Rights written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
This booklet is intended to provide an introduction for non-specialists or new-comers to the subject of copyright and related rights. It explains in layman's terms the fundamentals underpinning copyright law and practice. It describes the different types of rights which copyright and related rights law protects, as well as the limitations on those rights. And finally it briefly covers transfer of copyright and provisions for enforcement.