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Creativity and its Discontents

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ISBN: 9780822350651 9780822394587 Year: Language: English
Publisher: Duke University Press Grant: Knowledge Unlatched - 102097
Subject: Law
Added to DOAB on : 2019-03-08 11:21:04
License: Duke University Press

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Creativity and Its Discontents is a sharp critique of the intellectual property rights (IPR) – based creative economy, particularly as it is embraced or ignored in China. Laikwan Pang argues that the creative economy — in which creativity is an individual asset to be commodified and protected as property — is an intensification of Western modernity and capitalism at odds with key aspects of Chinese culture. Nevertheless, globalization has compelled China to undertake endeavors involving intellectual property rights. Pang examines China's IPR-compliant industries, as well as its numerous copyright violations. She describes how China promotes intellectual property rights in projects such as the development of cultural tourism in the World Heritage city of Lijiang, the transformation of Hong Kong cinema, and the cultural branding of Beijing. Meanwhile, copyright infringement proliferates, angering international trade organizations.

The Copyright Pentalogy : How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law

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ISBN: 9780776626147 Language: English
Publisher: Les Presses de l’Université d’Ottawa | University of Ottawa Press
Subject: Political Science
Added to DOAB on : 2020-09-09 12:19:45
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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.

Open Content Licensing

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ISBN: 9789089643070 Year: Pages: 296 DOI: 10.5117/9789089643070 Language: English
Publisher: Amsterdam University Press
Subject: Law
Added to DOAB on : 2011-11-04 00:00:00
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Although open content licences only account for a fraction of all copyright licences currently in force in the copyright world, the mentality change initated by the open content movement is here to stay. To promote the use of open content licences, it is important to better understand the theoretical underpinnings of these licences, as well as to gain insight on the practical advantages and inconveniences of their use. This book assembles chapters written by renowned European scholars on a number of selected issues relating to open content licensing. It offers a comprehensive and objective study of the principles of open content from a European intellectual property law perspective and of their possible implementation in the areas of scientific publishing, of the re-use of government information, of the dissemination of works held by cultural heritage institutions and of the exercise of rights on music phonograms.

Rechtliche Probleme der elektronischen Langzeitarchivierung wissenschaftlicher Primärdaten

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Book Series: Göttinger Schriften zur Internetforschung ISBN: 9783863950668 Year: Pages: 226 DOI: 10.17875/gup2012-142 Language: German
Publisher: Universitätsverlag Göttingen
Subject: Law
Added to DOAB on : 2013-03-17 04:22:23
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Das Zeitalter der immer weiter fortschreitenden Digitalisierung und die stetige Verbesserung der technischen Rahmenbedingungen bieten Forschungseinrichtung neue Mittel und Wege, ihre gewonnenen Daten zu archivieren und öffentlich zugänglich zu machen. Nicht selten gehen damit rechtliche Problematiken einher. Angefangen bei der Frage, wem denn diese Daten „gehören“ bis hin zu der Problematik, ob bestimmte Daten überhaupt archiviert werden dürfen und wer für einen eventuellen Datenverlust haften muss. Das vorliegende Werk legt dabei besonderes Augenmerk auf die urheberrechtlichen, datenschutzrechtlichen sowie haftungsrechtlichen Problematiken, welche eine digitale Archivierung mit sich bringen kann. Des Weiteren wird beleuchtet, welche Überlegungen im Vorfeld einer Archivierung angestellt werden müssen und welche Maßnahmen getroffen werden sollten, um rechtlichen Schwierigkeiten vorzubeugen. Die Arbeit soll daher auch als rechtlicher Leitfaden für Archivierungsprojekte dienen, weshalb unter anderem auch Vorschläge für die Formulierung entsprechender Vertragsklauseln enthalten sind. Aus diesem Grund wird außerdem ausführlich auf die rechtlichen Konsequenzen von Verstößen gegen urheber- und datenschutzrechtliche Vorschriften eingegangen.

Kollektivierung und Opt-Out - Die neue Grundnorm des Urheberrechts? - Modelle im Vergleich: Google Books Settlement, §1371 UrhG, Richtlinie Orphan Works und die Wahrnehmungsbefugnis der VG Wort

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ISBN: 9783863952235 Year: DOI: 10.17875/gup2015-894 Language: German
Publisher: Universitätsverlag Göttingen
Subject: Law
Added to DOAB on : 2016-06-21 11:02:34
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The German Copyright Law grants an absolute right to authors, i.e., any use of protected works requires the author's prior consent. This concept is known as opt-in. In this doctoral thesis the author examines five models which turn this concept upside down as they provide for the permission for certain beneficiaries to use protected works without the author's prior consent until the author objects to such use. This concept is known as opt-out. Also, the examined models contain elements of collectivization and, in particular, involve collecting societies. The author examines and compares these models and answers the question whether the underlying opt-out concept together with collectivization may be generalized so that it could replace opt-in.

Mit gutem Recht erinnern. Gedanken zur Änderung der rechtlichen Rahmenbedingungen des kulturellen Erbes in der digitalen Welt

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ISBN: 9783943423464 Year: Pages: 190 DOI: 10.15460/HUP.178 Language: German
Publisher: Hamburg University Press
Subject: Law
Added to DOAB on : 2019-01-15 13:33:22
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The law, in particular copyright, has a major impact on what remains in collective memory of the great wealth of our cultural heritage. In the digital world where everything is copy and therefore - in the sense of copyright - reproduction, every use of the cultural heritage is also relevant under copyright law. On the other hand, we live in times of rapid media development and an abundance of information, images, films and texts. This is why the challenge of keeping the memory of our cultural heritage alive is all the greater. It is therefore a question of cultural self-assertion how the legal framework conditions for dealing with our cultural heritage are set. What cannot be found online will increasingly disappear. In this respect, the effects of an unbalanced copyright law that does not take sufficient account of cultural heritage can be dramatic. This book brings together various proposals and reflections on how to change the legal framework in order to increase the presence of copyrighted cultural heritage on the Internet. These proposals are written by experts from memory institutions, law and politics, and thus by authors who are well acquainted with the international framework conditions and copyright discourse in Germany.

The Digital Public Domain: Foundations for an Open Culture

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Book Series: Digital Humanities Series ISBN: 9781906924478 Year: Pages: 245 DOI: 10.11647/OBP.0019 Language: English
Publisher: Open Book Publishers
Subject: Law
Added to DOAB on : 2017-08-21 11:01:42
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Digital technology has made culture more accessible than ever before. Texts, audio, pictures and video can easily be produced, disseminated, used and remixed using devices that are increasingly user-friendly and affordable. However, along with this technological democratization comes a paradoxical flipside: the norms regulating culture's use —copyright and related rights —have become increasingly restrictive. This book brings together essays by academics, librarians, entrepreneurs, activists and policy makers, who were all part of the EU-funded Communia project. Together the authors argue that the Public Domain —that is, the informational works owned by all of us, be that literature, music, the output of scientific research, educational material or public sector information —is fundamental to a healthy society. The essays range from more theoretical papers on the history of copyright and the Public Domain, to practical examples and case studies of recent projects that have engaged with the principles of Open Access and Creative Commons licensing. The book is essential reading for anyone interested in the current debate about copyright and the Internet. It opens up discussion and offers practical solutions to the difficult question of the regulation of culture at the digital age. The free PDF edition of this title was made possible by generous funding received from the European Union (eContentplus framework project ECP-2006-PSI-610001).

Privilege and Property: Essays on the History of Copyright

Authors: --- ---
ISBN: 9781906924195 Year: Pages: 450 DOI: 10.11647/OBP.0007 Language: English
Publisher: Open Book Publishers
Subject: History --- Law
Added to DOAB on : 2012-04-06 03:32:42
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What can and can’t be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership—of privilege and property.This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in 1644 accused the English parliament of having been deceived by the ‘fraud of some old patentees and monopolizers in the trade of bookselling’ (i.e. the London Stationers’ Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Some of the essays also address the specific evolution of rights associated with the visual and performing arts.

Privilege and Property

Authors: --- ---
ISBN: 9781906924201 Year: Pages: 450 DOI: 10.11647/OBP.0007 Language: English
Publisher: Open Book Publishers
Subject: Law --- History
Added to DOAB on : 2018-04-04 11:01:51
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What can and can’t be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership—of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in 1644 accused the English parliament of having been deceived by the ‘fraud of some old patentees and monopolizers in the trade of bookselling’ (i.e. the London Stationers’ Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Some of the essays also address the specific evolution of rights associated with the visual and performing arts. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC). Privilege and Property is recommended in the Times Higher Education Textbook Guide (November, 2010).

Remixe auf Hostingplattformen

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Book Series: Internet und Gesellschaft ISBN: 9783161560255 9783161560354 Year: DOI: 10.1628/9783161560354 Language: German
Publisher: Mohr Siebeck Grant: Knowledge Unlatched - 101765
Added to DOAB on : 2018-07-26 11:01:02
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Remixers recombine copyright-protected audiovisual material and distribute it via hosting platforms. To what extent does copyright law allow remixing and what is the impact of platforms' policies and filtering mechanisms for user uploads? Henrike Maier employs a comparative legal approach and focuses on the role of creative users' fundamental rights to investigate these questions.

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