Implied Licences In Copyright Law
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Implied Licences In Copyright Law
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Author : Poorna Mysoor
language : en
Publisher: Oxford University Press
Release Date : 2021-03-04
Implied Licences In Copyright Law written by Poorna Mysoor 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 2021-03-04 with Law categories.
A person can lawfully engage in an act restricted by copyright if they have the licence of the copyright owner or if their actions are covered by a statutory exception. However, if a person has the benefit of neither of these, it may still be possible to imply a copyright licence to respond to copyright infringement. In contrast to the rigidity of the statutory exceptions, implied licences are more malleable in being able to respond to a diverse set of circumstances, as the need arises. Thus, implied licences can serve as a flexible and targeted mechanism to balance competing interests, including those of the copyright owners and content users, especially in today's dynamic technological environment. However, implication as a process is contentious, and there are no established principles for implying copyright licences. The resulting uncertainty has prevented implied licences from being embraced more readily by the courts. Therefore, this book develops a methodical and transparent way of implying copyright licences, based on three sources: the consent of the copyright owner; an established custom; and state intervention to achieve policy goals. The frameworks proposed are customised separately for implying bare and contractual licences, where relevant. The book goes on to analyse the existing case law in the light of these frameworks to demonstrate how the court's reasoning can be made methodical and transparent. Underscoring the contemporary relevance of implied licences, this book tests and validates the methodology in relation to three essential and ubiquitous functions on the internet - browsing, hyperlinking, and indexing.
Licensing Of Intellectual Property And Other Information Assets
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Author : Raymond T. Nimmer
language : en
Publisher:
Release Date : 2007
Licensing Of Intellectual Property And Other Information Assets written by Raymond T. Nimmer 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.
View or download the free 2015 Online Supplement for this product. This unique book combines traditional case law and materials along with numerous problems to enable coverage of this exciting and rapidly developing field in either a case law-based or problem-based course. The book is comprehensive, dealing with all of the traditional areas of intellectual property and information licensing and also with modern issues associated with digital and online transactions, including topics such as data protection, security, and privacy in online transactions. It also provides for coverage of antitrust, misuse, and preemption issues in licensing. This comprehensive book blends the licensing materials into an integrated and coherent whole presented in a straightforward and understandable manner, but also one that allows the professor to emphasize one or another of the fields of licensing over the others by selecting among the cases or problems involved. The problem materials facilitate not only a problem-based approach to the policy and legal issues, but also present students with numerous drafting exercises and drafting issues, reflecting the contractual nature of licensing law. A Documentary Supplement includes both federal and state laws applicable to the issues covered in the book as well as licensing agreements dealing with the various aspects of licensing practice. A Teacher's Manual is available. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Implied Licences In Copyright Law
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Author : Poorna Mysoor
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-03-04
Implied Licences In Copyright Law written by Poorna Mysoor and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-04 with Law categories.
This book develops a systematic way of implying copyright licences and analyses the existing case law in light of these proposed frameworks to demonstrate how the court's reasoning can be made methodical and transparent, testing the methodology in relation to three essential functions on the internet - browsing, hyperlinking, and indexing.
Cross Border Copyright Licensing
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Author : Carlo Scollo Lavizzari
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
Cross Border Copyright Licensing written by Carlo Scollo Lavizzari 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 2018 with Law categories.
Copyright Licensing can no longer be considered purely from the perspective of the licensor’s home territory. This practical and wide-ranging reference work provides comprehensive coverage of the law and practice of cross-border licensing in a number of major territories, including China, the EU, India, Mexico, Russia, Singapore, South Africa, and the USA. The book, written by expert authors with insight from practice and from their home jurisdictions, focuses on both copyright licensing and competition law and, specifically, the inter-relation between these legal fields. The book is uniquely structured to provide both thematic coverage and detailed analysis of each territory’s applicable laws and regulations, highlighting and addressing the legal issues that are most critical in and relevant to licensing practice. Cross-Border Copyright Licensing is an essential starting point for anyone considering or advising on the implementation or enforcement of a copyright licensing program, in either developed and emerging markets.
Licensing Of Intellectual Property
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Author : Jay Dratler
language : en
Publisher: Law Journal Press
Release Date : 2023-12-28
Licensing Of Intellectual Property written by Jay Dratler and has been published by Law Journal Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-28 with Law categories.
This book is the definitive treatise in the field. It provides in-depth coverage of not only standard contract provisions, but also the intellectual property, antitrust, misuse, and more.
Licensing Of Intellectual Property
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Author : Jay Dratler
language : en
Publisher:
Release Date : 2021
Licensing Of Intellectual Property written by Jay Dratler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
Licensing of Intellectual Property is the definitive treatise in the field. It provides in-depth coverage of not only standard contract provisions, but also the intellectual property, antitrust, misuse, and common-law and unauthorized copying issues involved in licensing transactions that are not always directly reflected in contract language. These include: implied licenses; the difficult relationship between antitrust and intellectual property; antitrust and misuse limitations on licensing terms; the influence of trade secret protection and patent expiration and invalidation on licensing and royalty terms; licensees' standing to sue for infringement of licensed intellectual property; the use of declaratory judgments to challenge the validity, enforceability or infringement of licensed intellectual property; and the effect of the Supreme Court's eBay decision on licensing-related remedies. Appendices provide sample patent licensing and Web publishing agreements. Coverage includes step-by-step guidance and in-depth analysis of: patent license agreements for use with developmental biotechnology; state vs. federal jurisdiction; the standing of co-owners and licensees of intellectual property to sue infringers separately; the federal agencies' Licensing Guidelines; the impact of anti-cybersquatting laws and the Digital Millennium Copyright Act; how infringement warranties and indemnities help shape business transactions; licensing of commercially valuable technology that may not be patentable; the legal status of the essential facilities doctrine; and the validity of field-of-use restraints, exclusivity, territorial restraints, tying, package licensing, grantbacks and other contractual restraints in the United States, Europe and Japan. The analysis of EU law includes the block exemption for technology transfer agreements and related guidelines.Licensing of Intellectual Property also explores: when an involuntary license can be implied; whether, when and how a licensee may challenge the validity of intellectual property; what effect licensing and licensing negotiations may have on declaratory judgments of patent invalidity; when courts may decline to exercise their declaratory judgment jurisdiction; how inevitable confusion affects courts willingness to find equitable licenses in trade symbol cases; how most-favored-licensee clauses work in practice; and how the Robinson-Patman Act applies to royalties and licenses.
The Librarian S Legal Companion For Licensing Information Resources And Services
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Author : Tomas A. Lipinski
language : en
Publisher: American Library Association
Release Date : 2013
The Librarian S Legal Companion For Licensing Information Resources And Services written by Tomas A. Lipinski and has been published by American Library Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Language Arts & Disciplines categories.
This volume provides guidance on information acquisition, including copyright and contract matters.
Open Source Software Law
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Author : Rod Dixon
language : en
Publisher: Artech House
Release Date : 2004
Open Source Software Law written by Rod Dixon and has been published by Artech House this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Computers categories.
The convenient, fully searchable CD-ROM provides instant access to helpful license templates and important sections of laws.
Copyright Law
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Author : David J. Brennan
language : en
Publisher:
Release Date : 2021-11-16
Copyright Law written by David J. Brennan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-16 with Copyright categories.
"This book deals with all the private law regimes within the Copyright Act 1968 (Cth): proprietary copyright, technical protection measures, performers' rights, and moral rights. The work has a strong focus on Australian jurisprudence and law reform, and provides expositions of complex matters within their treaty law, litigious, technological, historical, or political contexts. It examines areas that frequently present difficulty in practice, such as implied licences, title, Copyright Tribunal jurisdiction, the interface with design law, and copyright damages. The work also provides an explanation of territoriality, private international law principles relating to copyright, and jurisdictional attachment. This is done in a way that both delineates the limits of Australian copyright jurisdiction, and sets out the various pathways for entry into that jurisdiction"--Publisher's description.
Compact Copyright
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Author : Sara Benson
language : en
Publisher: American Library Association
Release Date : 2021-09-24
Compact Copyright written by Sara Benson and has been published by American Library Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-24 with Language Arts & Disciplines categories.
Included in Choice's Top 75 Titles and Resources for Community College Libraries Faculty, students, and colleagues come to you with copyright questions, both simple and complex. And they all want reliable answers—as fast as you can get them. With this guide, designed for ready access, you’ll be prepared to deliver. Lawyer, copyright librarian, and iSchool instructor Benson presents succinct explanations ideal for both on-the-fly reference and staff training. Copyright specialists will appreciate excerpts from the law itself alongside tools and resources for digging deeper. Practical discussions of key legal concepts, illustrated using 52 scenarios, will lead you to fast, accurate answers on a range of topics, such as barriers to using the TEACH Act provisions in content for online teaching; showing a full-length movie in a university class; public domain and the 1998 Sonny Bono Copyright Term Extension Act; your legal options when receiving a DMCA take-down notice; court interpretations of fair use in three key recent cases; Creative Commons licenses, complete with a quick reference chart; library rights to license photographs in a digital collection; using letters under copyright in a special collections display case; a grad student’s right to use in a thesis writing published in their professor’s journal article; applying the implied license option to post historical student dissertations in institutional repositories; the Marrakesh Treaty provision supporting transfer of accessible works internationally; and limiting factors for interlibrary loan.
