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BOOK EXCERPT:
`Copyright, Contracts, Creators provides a new and original analysis on the relationship between owners and creators and recommendations for legislative change to re-balance the relationship. It is a must-read for the intellectual property legal community and anyone interested in the promotion of creative works.'- Marshall Rothstein, Justice of the Supreme Court of Canada `Dr Giuseppina D'Agostino is a protector of the arts, and her work on intellectual property is designed not only to bring law and order to our digital universe but to bring hope to the artists, poets and writers whose only hope of pursuing their artistry is to earn income for their craft. A wonderful book by one of the most wonderful and forward thinking minds in this subject area.' -Tony Chapman, Founder and CEO, Capital C, Canada `Dr D `Agostino has produced an important, carefully documented and courageous study that deserves to be widely read and discussed and (dare one say?) even to have its message heeded.' - David Vaver, University of Oxford, UK. Copyright, Contracts, Creators evaluates the efficacy of current copyright law to address the contracting and use of creative works. It looks in particular at freelance works and argues that their copyright treatment on a national and international level is inadequate to resolve ambiguities in the contracting and uses of the work. Giuseppina D'Agostino discusses how historically laws and courts were more sympathetic to creators, and how the Internet revolution has shifted the scales to favour owners. Consequently, creators often find themselves at opposing ends with copyright owners, and in a disproportionately weaker bargaining position that places tremendous strain on their livelihoods. She argues that this predicament puts society at risk of losing its most valued asset: professional creators. The author calls for a new framework to justify legislative provisions and resolve ambiguities while suggesting principles and mechanisms to address the inadequate treatment of freelance work.
Product Details :
Genre |
: Law |
Author |
: Giuseppina D'Agostino |
Publisher |
: Edward Elgar Publishing |
Release |
: 2010-01-01 |
File |
: 339 Pages |
ISBN-13 |
: 9781849805209 |
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BOOK EXCERPT:
The rule of lex specialis serves as an interpretative method to determine which of two contesting norms should be used to govern. In this book, the lex specialis label is broadly applied to intellectual property and connects a series of questions: What
Product Details :
Genre |
: Law |
Author |
: Graeme B. Dinwoodie |
Publisher |
: Edward Elgar Publishing |
Release |
: 2015-02-27 |
File |
: 267 Pages |
ISBN-13 |
: 9781784714956 |
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BOOK EXCERPT:
In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged. This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts. Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions. This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.
Product Details :
Genre |
: Law |
Author |
: Michael Geist |
Publisher |
: University of Ottawa Press |
Release |
: 2013-04-27 |
File |
: 476 Pages |
ISBN-13 |
: 9780776620848 |
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BOOK EXCERPT:
What if we could start with a blank slate, and write ourselves a brand new copyright system? What if we could design a law, from scratch, unconstrained by existing treaty obligations, business models and questions of political feasibility? Would we opt for radical overhaul, or would we keep our current fundamentals? Which parts of the system would we jettison? Which would we keep? In short, what might a copyright system designed to further the public interest in the current legal and sociological environment actually look like? Taking this thought experiment as their starting point, the leading international thinkers represented in this collection reconsider copyright’s fundamental questions: the subject matter that should be protected, the ideal scope and duration of those rights, and how it should be enforced. Tackling the biggest challenges affecting the current law, their essays provocatively explore how the law could better secure to creators the fruits of their labours, ensure better outcomes for the world’s more marginalised populations and solve orphan works. And while the result is a collection of impossible ideas, it also tells us much about what copyright could be – and what prescriptive treaty obligations currently force us to give up. The book shows that, reimagined, copyright could serve creators and the broader public far better than it currently does – and exposes intriguing new directions for achievable reform.
Product Details :
Genre |
: Law |
Author |
: Rebecca Giblin |
Publisher |
: ANU Press |
Release |
: 2017-01-09 |
File |
: 344 Pages |
ISBN-13 |
: 9781760460815 |
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BOOK EXCERPT:
The creative industries are becoming of increasing importance from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights.
Product Details :
Genre |
: Business & Economics |
Author |
: Abbe E.L. Brown |
Publisher |
: Edward Elgar Publishing |
Release |
: 2018-03-30 |
File |
: 417 Pages |
ISBN-13 |
: 9781786431172 |
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BOOK EXCERPT:
This book provides an in-depth analysis of the unique structure of the Nigerian popular music industry. It explores the dissonance between copyright’s thematic support for creative autonomy and the practical ways in which the law allows singer-songwriters’ (performing authors') creative autonomy to be subverted in their contractual relationships with record labels. The book establishes the concept of creative autonomy for performing authors as a key criterion for sustainable economic development, and makes innovative legal and policy recommendations to help stakeholders preserve it.
Product Details :
Genre |
: Law |
Author |
: Mary W. Gani |
Publisher |
: Springer Nature |
Release |
: 2020-07-27 |
File |
: 326 Pages |
ISBN-13 |
: 9783030486945 |
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BOOK EXCERPT:
Protect your creative assets with this detailed guide to intellectual property law. Covering patents, trademarks, and copyrights, this book provides essential information for creators and businesses looking to safeguard their innovations and brands.
Product Details :
Genre |
: Law |
Author |
: Prof. Gururaj Devarhubli |
Publisher |
: Inkbound Publishers |
Release |
: 2022-09-05 |
File |
: 289 Pages |
ISBN-13 |
: 9788196822392 |
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BOOK EXCERPT:
The Future of Copyright in the Age of Artificial Intelligence offers an extensive analysis of intellectual property and authorship theories and explores the possible impact artificial intelligence (AI) might have on those theories. The author makes compelling arguments via the exploration of authorship, ownership and artificial intelligence.
Product Details :
Genre |
: Law |
Author |
: Gaon, Aviv H. |
Publisher |
: Edward Elgar Publishing |
Release |
: 2021-09-07 |
File |
: 288 Pages |
ISBN-13 |
: 9781839103155 |
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BOOK EXCERPT:
Framed for murder in the town of Valley Shadow, Dave Norton finds himself on the run with saloon singer Nina Voles from both the sheriff and saloon owner Jeff Kelvin.
Product Details :
Genre |
: Copyright |
Author |
: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Trademarks, and Copyrights |
Publisher |
: |
Release |
: 1960 |
File |
: 1684 Pages |
ISBN-13 |
: STANFORD:36105007523405 |
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BOOK EXCERPT:
This perceptive book focuses on the interplay between the substantive provisions of intellectual property (IP) rights and the rules of enforcement. Featuring contributions from internationally recognised IP scholars, the book investigates different methods of ensuring that IP contractual and enforcement practices support the overall goals of the IP system.
Product Details :
Genre |
: Law |
Author |
: Jens Schovsbo |
Publisher |
: Edward Elgar Publishing |
Release |
: 2023-06-01 |
File |
: 259 Pages |
ISBN-13 |
: 9781035311460 |