Exhausting Copyrights And Promoting Access To Education
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Exhausting Copyrights And Promoting Access To Education
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Author : Shamnad Basheer
language : en
Publisher:
Release Date : 2013
Exhausting Copyrights And Promoting Access To Education written by Shamnad Basheer 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 what must rate as a momentous occasion in Indian copyright history, the Copyright Amendment Bill, 2012 cleared both Houses of Parliament after 12 years of intense debate, discussion and politicking. These set of amendments were particularly celebrated for fostering social justice through provisions that included a special copyright exception for the disabled and a mandatory royalty sharing arrangement for hitherto exploited Bollywood artists. However, despite the general euphoria surrounding the passage of these highly progressive provisions, there are causes for concern. In particular, the abrupt deletion of a clause legalising parallel imports, contrary to the suggestion of an expert Parliamentary Committee, raised many an eyebrow. It would appear that publisher lobbies prevailed upon the government to effect this last minute volte-face. The main claim advanced by publishers to effectuate this change of heart was that the Indian market was well served with the latest books at affordable prices, rendering redundant the very need for a provision legalising parallel imports. In this paper, the authors limit themselves to empirically testing this claim. The data from three different libraries demonstrate that the Indian versions sold by international publishing houses are often old and outdated editions. The latest versions are available only through imports via websites (or through mainstream distributors) and costs as much, or more than their western counterparts. Further, the legality of such imports is uncertain under the present copyright regime. Based on this evidence, the authors argue in favour of retaining Section 2(m) of the Indian Copyright Act, 1957. They also argue that legal policy ought to favour free market competition, unless the evidence suggests that the gains from such competition are outweighed by the harm to the copyright owner and the growth of the indigenous publishing sector. As of today, no such countervailing evidence has been proffered.
Exhausting Intellectual Property Rights
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Author : Shubha Ghosh
language : en
Publisher: Cambridge University Press
Release Date : 2018-11-08
Exhausting Intellectual Property Rights written by Shubha Ghosh 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 2018-11-08 with Law categories.
Provides an in-depth assessment of the exhaustion doctrine and explores how its various implementations have shaped international trade issues.
Copyright Fair Use And The Challenge For Universities
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Author : Kenneth D. Crews
language : en
Publisher: University of Chicago Press
Release Date : 1993-12-15
Copyright Fair Use And The Challenge For Universities written by Kenneth D. Crews and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-12-15 with Education categories.
The recent lawsuit against Kinko's Copies for copyright infringement has exposed the confusion and heightened the fear of liability surrounding copyright issues in colleges and universities. This volume offers an enlightening explanation of copyright and the ambiguous concept of fair use as they affect and are affected by higher education. In the first large-scale study of its kind, Kenneth D. Crews surveys the copyright policies of ninety-eight American research universities. His analysis reveals a variety of ways in which universities have responded to—and how they could better manage—the conflicting goals of copyright policies: avoiding infringements while promoting lawful uses that serve teaching and research. He explains in detail the background of copyright law and congressional guidelines affecting familiar uses of photocopies, videotapes, software, and reserve rooms. Crews concludes that most universities are overly conservative in their interpretation of copyright and often neglect their own interests, adding unnecessary costs and obstacles to the lawful dissemination of information. Copyright, Fair Use, and the Challenge for Universities provides administrators, instructors, lawyers, librarians, and educational leaders a much-needed exegesis of copyright and how it can better serve higher education.
The End Of Ownership
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Author : Aaron Perzanowski
language : en
Publisher: MIT Press
Release Date : 2016-11-04
The End Of Ownership written by Aaron Perzanowski and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-04 with Law categories.
An argument for retaining the notion of personal property in the products we “buy” in the digital marketplace. If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that you don't own those purchases, you merely license them. That means your ebook vendor can delete the book from your device without warning or explanation—as Amazon deleted Orwell's 1984 from the Kindles of surprised readers several years ago. These readers thought they owned their copies of 1984. Until, it turned out, they didn't. In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property. Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.
Navigating Copyright For Libraries
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Author : Jessica Coates
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2022-08-22
Navigating Copyright For Libraries written by Jessica Coates and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-22 with Language Arts & Disciplines categories.
Information is a critical resource for personal, economic and social development. Libraries and archives are the primary access point to information for individuals and communities with much of the information protected by copyright or licence terms. In this complex legal environment, librarians and information professionals operate at the fulcrum of copyright’s balance, ensuring understanding of and compliance with copyright legislation and enabling access to knowledge in the pursuit of research, education and innovation. This book, produced on behalf of the IFLA Copyright and other Legal Matters (CLM) Advisory Committee, provides basic and advanced information about copyright, outlines limitations and exceptions, discusses communicating with users and highlights emerging copyright issues. The chapters note the significance of the topic; describe salient points of the law and legal concepts; present selected comparisons of approaches around the world; highlight opportunities for reform and advocacy; and help libraries and librarians find their way through the copyright maze.
International Copyright Law And Access To Education In Developing Countries
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Author : Susan Isiko Štrba
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-08-22
International Copyright Law And Access To Education In Developing Countries written by Susan Isiko Štrba and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-22 with Law categories.
In International Copyright Law and Access to Education in Developing Countries: Exploring Multilateral Legal and Quasi-Legal Solutions, Susan Isiko Štrba demonstrates the challenge of access to printed copyrighted educational and research materials in developing countries and proposes institutional and normative solutions at national and international levels.
Copyright
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Author : Noha Abdel Meguid El Labban
language : en
Publisher:
Release Date : 2013
Copyright written by Noha Abdel Meguid El Labban and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Copyright, International categories.
Abstract: Copyright protection is intended to promote creativity by granting the creator of an original work, exclusive rights to its use for a limited time period. However, there has been a growing debate about whether copyright laws and their strict implementation, particularly in developing countries, could be detrimental to efforts by these countries to promote access to knowledge in general, and to educational material in particular. This debate, though not entirely new, is taking place in the context of intense policy discussions since the late 1990s about the impact of global intellectual property rules, such as those of the WTO TRIPS Agreement, on developing countries and about the extent to which such rules are supportive of public policy objectives in areas crucial to achieving sustainable development such as health, education and the environment. This paper examines the relationship between copyright protection and access to educational material. In this context, it looks, in particular, at the role of limitations and exceptions to copyright which in principle seek to reconcile both the interest of rights holders and public interest but whose implementation in practice has proved challenging in a number developing of countries. The paper seeks to identify options that will enable developing countries to formulate national copyright regimes that give priority to access to knowledge in the form of educational material.
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.
Rethinking Copyright For Sustainable Human Development
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Author : Sileshi Bedasie Hirko
language : en
Publisher: Routledge
Release Date : 2021-11-25
Rethinking Copyright For Sustainable Human Development written by Sileshi Bedasie Hirko and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-25 with Law categories.
This book explores the interface between copyright and higher education, and their complementarities for the advancement of sustainable human development. In its broader sense, the concept of human development is noted as a set of freedoms and human capabilities that are essential for human flourishing. Adopting a rights-based human development and capability approach (HDCA), this book primarily examines the relevant policy and legal flexibilities under the existing international copyright system, and their implications for access to knowledge required for creative innovation and higher education. Exploring the interfaces between copyright and higher education, this book argues that an unbalanced and restrictive copyright system impedes reasonable access to knowledge, and stifles creative and learning freedoms or capabilities. In effect, a restrictive copyright system results in serious ramifications for sustainable human development. In view of its findings, this book underscores the need for rethinking copyright and reframing its relevant flexibilities as users' rights that are vital for promoting creative and learning capabilities towards sustainable human development. Further, the book emphasizes the complementarities between copyright and higher education, and their joint roles for sustainable human development. Given its application of the HDCA to explore ranges of interlinked topics, this book will be of a great interest to researchers across the fields of intellectual property law, innovation, global development, human rights, and higher education.
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.