Exclusive Rights
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Exclusive Rights
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Author : Eugene Hertzberg
language : en
Publisher: AuthorHouse
Release Date : 2011-11-30
Exclusive Rights written by Eugene Hertzberg and has been published by AuthorHouse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-30 with Law categories.
Bill Gates said, Intellectual property has the shelf life of a banana. No one can deny the fact that intellectual property and its creation, protection, and management, has become a major area of concern for individuals and companies worldwide. Unprotected intellectual property has the shelf life of a banana, or perhaps even less. Intellectual property is inherently in the public domain, unless the government provides legal protection. Protected intellectual property is a valuable exclusive right. This book explores the exclusive rights associated with intellectual property by highlighting issues in copyright law and orphan works, music piracy and the Recording Industry Association of America, patent law and the development of the Segway, patent licensing and litigation between Xerox Corporation and Palm Incorporated, as well as metadata and the role of intellectual property lawyers.
A Copyright Gambit
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Author : Sunimal Mendis
language : en
Publisher: Springer
Release Date : 2019-07-05
A Copyright Gambit written by Sunimal Mendis and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-05 with Law categories.
European memory institutions are repositories of a wealth of rare documents that record public domain content. These documents are often stored in ‘dark-archives’ to which members of the public are granted limited access, resulting in the public domain content recorded therein being relegated to a form of ‘forgotten-knowledge’. Digitisation offers a means by which such public domain content can be made speedily and easily accessible to users around the world. For this reason, it has been hailed as the harbinger of a new ‘digital renaissance’. This book examines the topical issue of the need to preserve exclusivity over digitised versions of rare documents recording public domain content. Based on data gathered through an empirical survey of digitisation projects undertaken by fourteen memory institutions in five European Union Member States, it argues for the introduction of exclusive rights in digitised versions of rare documents recording public domain textual content as a means of incentivising private-sector investment in the digitisation process. It concludes by presenting a detailed proposal for a European Union Regulation that would grant memory institutions a limited-term related right in digitised versions of rare documents held in their collections subject to stringent exceptions and limitations that are designed to safeguard user interests.
The Right To Short Reporting On Major Events Where Exclusive Rights For Their Television Broadcast Have Been Acquired In A Transfrontier Context
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Author : Council of Europe. Committee of Ministers
language : en
Publisher: Council of Europe
Release Date : 1995-01-01
The Right To Short Reporting On Major Events Where Exclusive Rights For Their Television Broadcast Have Been Acquired In A Transfrontier Context written by Council of Europe. Committee of Ministers and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-01-01 with Law categories.
Recommendation No. R (91) 5.
Exclusive Rights And Short Reporting
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Author : Council of Europe
language : en
Publisher:
Release Date : 2012-06-01
Exclusive Rights And Short Reporting written by Council of Europe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-01 with Law categories.
In dealing with the right to short reporting, this IRIS plus once again discusses a subject in respect of which the legislators have the task of achieving a balance between general socio-political interests and the economic interests of private companies. While there is a need to ensure that all audiovisual media are in principle able to report on every event of high public interest, account needs to be taken of the interest of rights holders in marketing such events as profitably as possible, which generally means that only those who pay money to the rights holders have access. The focus is on sports, and the sums paid for television transmission rights and other ways for the media to exploit events such as football matches, the Olympic Games or Formula 1 racing, have risen enormously in the last few decades, thus considerably increasing the refinancing pressures on those who pay them. Short reporting rights that limit expensively acquired exclusive rights and are granted to fellow competitors on the media market are a sensitive issue.
Global Intellectual Property Protection And New Constitutionalism
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Author : Jonathan Griffiths
language : en
Publisher: Oxford University Press
Release Date : 2022-02-14
Global Intellectual Property Protection And New Constitutionalism written by Jonathan Griffiths 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 2022-02-14 with Law categories.
The constitutionalization of intellectual property law is often framed as a benign and progressive integration of intellectual property with fundamental rights. Yet this is not a full or even an adequate picture of the ongoing constitutionalization processes affecting IP. This collection of essays, written by international experts and covering a range of different areas of intellectual property law, takes a broader approach to the process. Drawing on constitutional theory, and particularly on ideas of "new constitutionalism", the chapters engage with the complex array of contemporary legal constraints on intellectual property law-making. Such constraints arising in international intellectual property law, human rights law (including human rights protection for right-holders), investment treaties, and forms of private ordering. This collection aims to illuminate the complex role of this constitutional framework, by analysing the overlaps, complementarities, and conflicts between such forms of protection and seeking to establish the effects that this assemblage of global and regional norms has on legal reform projects and interpretations of IP law. Some chapters take a broad theoretical perspective on these processes. Others focus on specific situations in which the relationship between intellectual property law and broader constitutional norms is significant. These contexts range from Art 17 of the EU's Digital Single Market Directive, to the implementation of harmonized trade secrets protection, from the role of Canada's Charter of Rights to the impact of the social model of property in Brazil.
Exemptions And Fair Use In Copyright
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Author : Leon E. Seltzer
language : en
Publisher:
Release Date : 1978
Exemptions And Fair Use In Copyright written by Leon E. Seltzer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Law categories.
After decades of professional dissatisfaction and legislative debate, the Congress in 1976 passed a new copyright act to replace the Copyright Act of 1909. In this book, the author focuses upon the meaning of the "exclusive rights" Constitutional language where writers are concerned, and from his analysis, shows how, when copies of an author's work are made under either the fair-use doctrine or a special exemption for library reproduction of copyrighted works, the 1976 Act has failed to solve old problems and has introduced troublesome new ones. A principal contribution of the book is its analysis of the theoretical foundations of copyright and the establishment of a conceptually coherent framework for the continuing debate on the appropriate limits of copyright protection. Of obvious value to the Copyright Bar and the judiciary, it is also a book that authors, literary agents, and publishers will find they need.
Exclusive Rights And State Monopolies Under Ec Law
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Author : José Luis Buendia Sierra
language : en
Publisher:
Release Date : 1999
Exclusive Rights And State Monopolies Under Ec Law written by José Luis Buendia Sierra and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Competition, International categories.
The understanding of Article 86 (formerly Article 90) of the EC Treaty is vital to any competition lawyer working in Europe. Writing with first-hand experience of dealing with Article 86 cases at DG IV, the author provides the first such detailed examination of this Article and the lawconcerning exclusive rights and State monopolies. Clearly written, with penetrating analysis of the relevant case-law, this study pays attention to all the key areas including: the definition of 'exclusive rights' and 'economic activities', the remedial possibilities offered by the often neglectedArticle 31(formerly Article 37), the application of Article 86(1) in conjunction with the competition rules (Article 82 (formerly Article 86)), proportionality in the context of Article 86(2) and decisions and directives under Article 86(3) and their relationship with harmonization directives. Withpractical insights and intelligent solutions to many of the problems posed by the applications of these rules, Exclusive Rights and State Monopolies under EC Law will become an indispensible work for all practitioners in this field.
Exclusive Rights And Short Reporting
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Author :
language : en
Publisher:
Release Date : 2012
Exclusive Rights And Short Reporting written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Broadcast journalism categories.
State And Market In European Union Law
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Author : Wolf Sauter
language : en
Publisher: Cambridge University Press
Release Date : 2009-04-16
State And Market In European Union Law written by Wolf Sauter 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 2009-04-16 with Business & Economics categories.
An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.
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.