Implementing A Digital First Sale Doctrine Comparative Study Of The E U And The U S A
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Implementing A Digital First Sale Doctrine Comparative Study Of The E U And The U S A
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Author : Girish Agarwal
language : en
Publisher: diplom.de
Release Date : 2015-01-01
Implementing A Digital First Sale Doctrine Comparative Study Of The E U And The U S A written by Girish Agarwal and has been published by diplom.de this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-01 with Law categories.
Consumption of copyright materials such as, books, music, games, has changed dramatically in the internet age. We no more consume them as tangible goods. Instead we consume them as digital goods, which have characteristics different from tangible goods. The first sale doctrine in copyright law has been applied to tangible copyright goods since it was codified in the United States of America’s Copyright Act of 1909. But due to the difference in the method of consumption of copyright goods, it is hard to apply the doctrine to digital ones. The question whether it should be applied to digital goods gained prominence when Redigi, a second hand market place for digital copyright goods, was sued by Capitol Records Inc. for infringing its copyright. Is it appropriate to abrogate the doctrine when it comes to digital goods or whether the doctrine should be applied irrespective of the method of consumption, takes centre stage. There are divergent views to this debate. In the European Union, after the UsedSoft case, the view is generally more favourable towards the application of the doctrine to digital goods, whereas, in the United States of America the view is more restrictive. But what copyright needs is a harmony between the divergent views, more favourably towards the views of the European Union, since, there have been technological advancements that do replicate the transfer of tangible goods in the digital domain. The doctrine of first sale is necessary in copyright law, irrespective of the method of consumption, as it tends to achieve a dual purpose. The first is public benefit. This it achieves by allowing more people to have access to literature and art. The second is economic benefit. It increases the overall economic activity by creating a market for second hand goods. But what should be kept in mind is that digital goods do have characteristics that make them easy to copy and distribute, which increases piracy. But should the answer to the problem lie in abrogating the doctrine for digital goods or in technology itself, there will be a problem. This is because once the doctrine has been abrogated, it will be almost impossible to reintroduce it, if and when technology should change and there rises a need for the doctrine. But if you let the doctrine be as it is and let technology accommodate the doctrine then it is much safer.
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 And The Court Of Justice Of The European Union
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Author : Eleonora Rosati
language : en
Publisher: Oxford University Press
Release Date : 2023-10-06
Copyright And The Court Of Justice Of The European Union written by Eleonora Rosati 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 2023-10-06 with Law categories.
First released in early 2019, Copyright and the Court of Justice of the European Union remains the only book exclusively devoted to the case law of the Court of Justice of the European Union (CJEU) in the EU copyright field. Fully updated for the new edition, the book explains the Court's role and action in the field of EU copyright law and provides readers with a sense of the direction of the Court's jurisprudence through an exercise of 'tidying up' and rationalizing the rulings issued so far. In his foreword to the first edition, First Advocate General Maciej Szpunar praised the book's 'profound analysis' of the EU copyright protection and CJEU decisions, which in his view, 'unveiled new information, perhaps never considered, even by members of the Court'. The new edition captures all the significant developments in EU copyright law that have occurred since 2019. Aside from macro-events such as the UK's now completed departure from the EU and the adoption of the Digital Single Market Directive (2019/790), seminal judgments have been issued by the CJEU which touch upon all the main foundational aspects of EU copyright. This book is structured in three parts. The first part is about the role of the CJEU as an EU institution. Following a discussion of the impact of CJEU interpretation of EU copyright provisions (notably their pre-emptive effect on individual EU Member States' freedom), the second part is concerned with CJEU action and vision in respect of four key areas of copyright and related rights: the requirements for protection, construction of exclusive rights, exceptions and limitations, and enforcement. The final part focuses on the legacy of CJEU case law broadly intended, having regard to both individual countries' copyright laws (specifically: the UK) and recent EU copyright reform discourse, notably in the context of the DSM Directive. Timely and engaging, Copyright and the Court of Justice of the European Union provides novel insights into the activity of the CJEU in the copyright field and reflects on the resulting implications for the present and future of EU copyright.
Current Law Index
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Author :
language : en
Publisher:
Release Date : 2007
Current Law Index written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Copyright Exhaustion
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Author : Péter Mezei
language : en
Publisher: Cambridge University Press
Release Date : 2022-02-24
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 2022-02-24 with Law categories.
In the Second Edition of Copyright Exhaustion, copyright scholar Péter Mezei offers an expanded examination of copyright exhaustion, including its historical development, theoretical framework, practical applications, and policy considerations. He includes updated case law and statutory developments for the first-sale doctrine in the United States and in the European Union, covering both analogue and digital applications with an eye toward scrutinizing the common rejection of exhaustion in the resale of digital subject matter including computer programs, sound recordings, audiovisual works, and e-books. He advocates for a digital first-sale doctrine that would offer legal consistency to copyright law and a technologically feasible framework for content producers and consumers.
Alternative Globalizations
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Author : Jerry Harris
language : en
Publisher: Lulu.com
Release Date : 2006
Alternative Globalizations written by Jerry Harris and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Globalization categories.
Social Media And Democracy
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Author : Nathaniel Persily
language : en
Publisher:
Release Date : 2020-09
Social Media And Democracy written by Nathaniel Persily and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09 with categories.
"Widespread concern about the effects of social media on democracy has led to an explosion in research over the last five years. This research comes from disparate corners of academia: departments of political science, psychology, law, communication, economics, and computer science, alongside new initiatives in data science and even artificial intelligence. A new field is forming, and it is time to take stock of what we know, what we need to know, and how we might find it out. That is the purpose of this book"--
The British National Bibliography
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Author : Arthur James Wells
language : en
Publisher:
Release Date : 2005
The British National Bibliography written by Arthur James Wells and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Bibliography, National categories.
Comparative Digital Copyright Law
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Author : Péter Mezei
language : en
Publisher:
Release Date : 2020
Comparative Digital Copyright Law 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 2020 with Copyright categories.
"[This book addresses] key aspects of copyright law in a digital age. The selected topics cover issues related to the existence and the exercise of copyrights related to various subject matters, especially focusing on software, audio and audio-visual contents. The textbook serves as a primary selection of leading European, American and Chinese case law related to software rights, communication to the public, P2P file-sharing, cultural preservation, exhaustion and sampling"--Provided by the publisher.
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.