Putting Intellectual Property In Its Place
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Putting Intellectual Property In Its Place
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Author : Laura J. Murray
language : en
Publisher: Oxford University Press, USA
Release Date : 2014-03
Putting Intellectual Property In Its Place written by Laura J. Murray 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 2014-03 with Law categories.
Putting Intellectual Property in its Place examines the relationship between creativity and intellectual property law on the premise that, despite concentrated critical attention devoted to IP law from academic, policy and activist quarters, its role as a determinant of creative activity is overstated. The effects of IP rights or law are usually more unpredictable, non-linear, or illusory than is often presumed. Through a series of case studies focusing on nineteenth century journalism, "fake" art, plant hormone research between the wars, online knitting communities, creativity in small cities, and legal practice, the authors discuss the many ways people comprehend the law through information and opinions gathered from friends, strangers, coworkers, and the media. They also show how people choose to share, create, negotiate, and dispute based on what seems fair, just, or necessary, in the context of how their community functions in that moment, while ignoring or reimagining legal mechanisms. In this book authors Murray, Piper, and Robertson define "the everyday life of IP law", constituting an experiment in non-normative legal scholarship, and in building theory from material and located practice.
Copyright And Anonymity In The Creative User Generated World
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Author : Rachel Maguire
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-05-01
Copyright And Anonymity In The Creative User Generated World written by Rachel Maguire and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-01 with Law categories.
This book explores the relationship between copyright law, online anonymity, and creative user-generated content (CUGC). Presenting original empirical findings, the book evaluates the co-existence of copyright law and normative systems regulating a CUGC landscape made up of artists, photographers, and writers, and makes novel recommendations for copyright reform. It takes a multi-jurisdictional approach across Anglo-American and EU legal systems, using the UK, USA, and Germany as representative jurisdictions for legal analysis. Qualitative findings are drawn from creators and communities on Reddit and 4chan. Copyright subsists in much CUGC, but pervasive anonymity makes it difficult for the law to regulate it effectively. Simultaneously, anonymity offers creative benefits in a way that highlights flaws in traditional justifications of copyright. Comparisons between community norms and copyright law identify practical differences but also fundamental compatibilities in terms of ownership expectations. However, the simultaneous existence of legal and normative enforcement mechanisms complicates matters for creators and potential users, with negative implications for creativity and copyright law. While existing reform efforts have made suggestions to create a UGC exception, these overlook and undermine the role of CUGC creators as copyright holders. This can be addressed through the consideration of a framework of supplementary CUGC guidelines when developing such reforms. This valuable resource for researchers and students provides a distinct perspective in framing CUGC creators as copyright holders, examining online anonymity as a pivotal factor influencing regulation.
Smart Urban Mobility
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Author : Michèle Finck
language : en
Publisher: Springer Nature
Release Date : 2020-09-28
Smart Urban Mobility written by Michèle Finck and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-28 with Law categories.
This book adds a critical perspective to the legal dialogue on the regulation of ‘smart urban mobility’. Mobility is one of the most visible sub-domains of the ‘smart city’, which has become shorthand for technological advances that influence how cities are structured, public services are fashioned, and citizens coexist. In the urban context, mobility has come under pressure due to a variety of different forces, such as the implementation of new business models (e.g. car and bicycle sharing), the proliferation of alternative methods of transportation (e.g. electric scooters), the emergence of new market players and stakeholders (e.g. internet and information technology companies), and advancements in computer science (in particular due to artificial intelligence). At the same time, demographic changes and the climate crisis increase innovation pressure. In this context law is a seminal factor that both shapes and is shaped by socio-economic and technological change. This book puts a spotlight on recent developments in smart urban mobility from a legal, regulatory, and policy perspective. It considers the implications for the public sector, businesses, and citizens in relation to various areas of public and private law in the European Union, including competition law, intellectual property law, contract law, data protection law, environmental law, public procurement law, and legal philosophy. Chapter 'Location Data as Contractual Counter-Performance: A Consumer Perspective on Recent EU Legislation' of this book is available open access under a CC BY 4.0 license at link.springer.com.
Western Dualism And The Regulation Of Cultural Production
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Author : Fiona MacMillan
language : en
Publisher: BRILL
Release Date : 2021-08-16
Western Dualism And The Regulation Of Cultural Production written by Fiona MacMillan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-16 with Art categories.
This work sets out to consider the fate of creativity and forms of cultural production as they fall into and between the regimes of cultural heritage law and intellectual property law. It examines and challenges the dualisms that ground both regimes, exposing their (unsurprising) reflection of occidental ways of seeing the world. The work reflects on the problem of regulating creativity and cultural production according to Western thought systems in a world that is not only Western. At the same time, it accepts that the challenge in taking on the dualisms that hold together the existing legal regimes regulating creativity and cultural production lies in a critically nuanced approach to the geo-political distinction between the West and the rest. Like many of the distinctions considered in this book, this is one that holds and does not hold.
Governing Knowledge Commons
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Author : Brett M. Frischmann
language : en
Publisher: Oxford University Press
Release Date : 2014
Governing Knowledge Commons written by Brett M. Frischmann 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 2014 with Business & Economics categories.
"Knowledge commons" describes the institutionalized community governance of the sharing and, in some cases, creation, of information, science, knowledge, data, and other types of intellectual and cultural resources. It is the subject of enormous recent interest and enthusiasm with respect to policymaking about innovation, creative production, and intellectual property. Taking that enthusiasm as its starting point, Governing Knowledge Commons argues that policymaking should be based on evidence and a deeper understanding of what makes commons institutions work. It offers a systematic way to study knowledge commons, borrowing and building on Elinor Ostrom's Nobel Prize-winning research on natural resource commons. It proposes a framework for studying knowledge commons that is adapted to the unique attributes of knowledge and information, describing the framework in detail and explaining how to put it into context both with respect to commons research and with respect to innovation and information policy. Eleven detailed case studies apply and discuss the framework exploring knowledge commons across a wide variety of scientific and cultural domains.
Research Handbook On The History Of Copyright Law
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Author : Isabella Alexander
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-03-25
Research Handbook On The History Of Copyright Law written by Isabella Alexander 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 2016-03-25 with Law categories.
There has been an explosion of interest in recent years regarding the origin and of intellectual property law. The study of copyright history, in particular, has grown remarkably in the last twenty years, with a flurry of activity in the last ten. Crucial to this activity has been a burgeoning focus on unpublished primary sources, enabling new and stimulating insights. This Handbook takes stock of the field of copyright history as it stands today, as well as examining potential developments in the future.
The Routledge Companion To Media Education Copyright And Fair Use
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Author : Renee Hobbs
language : en
Publisher: Routledge
Release Date : 2018-02-15
The Routledge Companion To Media Education Copyright And Fair Use written by Renee Hobbs and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-15 with Law categories.
Media literacy educators rely on the ability to make use of copyrighted materials from mass media, digital media and popular culture for both analysis and production activities. Whether they work in higher education, elementary and secondary schools, or in informal learning settings in libraries, community and non-profit organizations, educators know that the practice of media literacy depends on a robust interpretation of copyright and fair use. With chapters written by leading scholars and practitioners from the fields of media studies, education, writing and rhetoric, law and society, library and information studies, and the digital humanities, this companion provides a scholarly and professional context for understanding the ways in which new conceptualizations of copyright and fair use are shaping the pedagogical practices of media literacy.
Copyright And Collective Authorship
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Author : Daniela Simone
language : en
Publisher: Cambridge University Press
Release Date : 2019-05-02
Copyright And Collective Authorship written by Daniela Simone 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 2019-05-02 with Computers categories.
Addresses the difficult question of how to determine the authorship, and ownership, of copyright in highly collaborative works.
Dynamic Fair Dealing
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Author : Rosemary Coombe
language : en
Publisher: University of Toronto Press
Release Date : 2014-05-27
Dynamic Fair Dealing written by Rosemary Coombe and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-27 with Language Arts & Disciplines categories.
Dynamic Fair Dealing argues that only a dynamic, flexible, and equitable approach to cultural ownership can accommodate the astonishing range of ways that we create, circulate, manage, attribute, and make use of digital cultural objects. The Canadian legal tradition strives to balance the rights of copyright holders with public needs to engage with copyright protected material, but there is now a substantial gap between what people actually do with cultural forms and how the law understands those practices. Digital technologies continue to shape new forms of cultural production, circulation, and distribution that challenge both the practicality and the desirability of Canada's fair dealing provisions. Dynamic Fair Dealing presents a range of insightful and provocative essays that rethink our relationship to Canadian fair dealing policy. With contributions from scholars, activists, and artists from across disciplines, professions, and creative practices, this book explores the extent to which copyright has expanded into every facet of society and reveals how our capacities to actually deal fairly with cultural goods has suffered in the process. In order to drive conversations about the cultural worlds Canadians imagine, and the policy reforms we need to realize these visions, we need Dynamic Fair Dealing.
Research Handbook On Art And Law
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Author : Jani McCutcheon
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-01-31
Research Handbook On Art And Law written by Jani McCutcheon 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 2020-01-31 with Law categories.
Featuring international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant – one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law.