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The primary focus of this comprehensive text is on the Copyright Act of 1976 & the developing case law in our digital age & networked environment. Copyright law is presented in its institutional, economic & historical contexts. Its relationship with other areas of intellectual property law is explored. explores the latest statutory changes, the Digital Millennium Copyright Act, & the Sonny Bono Term Extension Act recently passed by Congress. This highly effective text provides students with the necessary background & current doctrine to analyze copyright problems properly.
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This booklet provides an introduction for newcomers to the subject of copyright and related rights. It explains the fundamentals underpinning copyright law and practice, and describes the different types of rights which copyright and related rights law protects, as well as the limitations on those rights. It also briefly covers transfer of copyright and provisions for enforcement.
Digital technology has forever changed the way media is created, accessed, shared and regulated, raising serious questions about copyright for artists and fans, media companies and internet intermediaries, activists and governments. Taking a rounded view of the debates that have emerged over copyright in the digital age, this book: Looks across a broad range of industries including music, television and film to consider issues of media power and policy. Features engaging examples that have taken centre stage in the copyright debate, including high profile legal cases against Napster and The Pirate Bay, anti-piracy campaigns, the Creative Commons movement, and public protests against the expansion of copyright enforcement. Considers both the dominant voices, such as industry associations, and those who struggle to be heard, including ordinary media users, drawing on important studies into copyright from around the world. Offering media students and scholars a comprehensive overview of the contemporary issues surrounding intellectual property through the struggle over copyright, Understanding Copyright explores why disagreement is rife and how the policymaking process might accommodate a wider range of views.
Useful tips and step-by-step guidance from filing to issue to license Acquire and protect your share of this major business asset Want to secure and exploit the intellectual property rights due you or your company? This easy-to-follow guide shows you how — helping you to evaluate your idea's commercial potential, conduct patent and trademark searches, document the invention process, license your IP rights, and comply with international laws. Plus, you get detailed examples of each patent application type! Discover how to: Avoid application blunders Register trademarks and copyrights Meet patent requirements Navigate complex legal issues Protect your rights abroad The entire body of U.S. patent laws Example office actions and amendments Sample forms Trademark registration certificates Application worksheets See the CD appendix for details and complete system requirements. Note: CD-ROM/DVD and other supplementary materials are not included as part of eBook file.
(Berklee Press). With the free-form exchange of music files and musical ideas online, understanding copyright laws has become essential to career success in the new music marketplace. This cutting-edge, plain-language guide shows you how copyright law drives the contemporary music industry. By looking at the law and its recent history, you will understand the new issues introduced by the digital age, as well as continuing issues of traditional copyright law. Whether you are an artist, lawyer, entertainment Web site administrator, record label executive, student, or other participant in the music industry, this book will help you understand how copyright law affects you, helping you use the law to your benefit. * How do you get fair compensation for your work and avoid making costly mistakes? * Can you control who is selling your music on their website? * Is it legal to create mash-ups? * What qualifies as fair use? * How do you clear another artist's samples to use in your own recordings? * What is the Creative Commons/Copyleft movement? * How do you clear music for use in an online music service or store? * Who decides who gets paid how much and by whom? You will learn the answers to these questions as well as: * The basics of copyright law, looking at the Copyright Act while explaining it in plain language * How revenue streams for music are generated under copyright law * The reasoning behind high-profile court decisions related to copyright violations *What licenses are needed for the legal online delivery of music * The intricacies of using music on sites like YouTube, Pandora, and Spotify * Deficiencies in current copyright law and new business model ideas
There have been a number of important developments in U.S. intellectual property law since the second edition of Understanding Intellectual Property Law was published. Foremost among them was the adoption, in September 2011, of the America Invents Act, the most significant change to U.S. patent law since the 1952 Patent Act. Coverage of the new Act includes: (1) the first inventor to file system and its effects on the definition of prior art; (2) the new derivation proceedings, replacing the current system of interferences, which allows a patent owner to challenge an earlier filed patent for derivation from the subsequent patent; (3) the prior commercial use defense; (4) the new procedures for inter partes review; (5) the new procedure for post-grant review; (6) the new rules for improper patent marking: (7) changes to the treatment of tax method patents; (8) the new rules pertaining to the best mode requirement; and (9) changes to the rules of jurisdiction. The Supreme Court has been unusually active in reviewing intellectual property cases during the past four years. During that period, it has reviewed and decided 15 patent cases (including three cases on patentable subject matter), four copyright cases, and four trademark or false advertising cases. In addition, the federal Courts of Appeals have decided more than 750 patent cases, 250 copyright cases, and 400 trademark and false advertising cases during that time. Understanding Intellectual Property Law, 3rd Edition covers all of the intellectual property areas and issues likely to be addressed in an intellectual property survey course. Chapter 1 provides a comprehensive introduction.
Information Law Series Volume 45 In a copyright system characterised by broad and long-lasting exclusive rights, exceptions provide a vital counterweight, especially in times of rampant technological change. The EU’s controversial InfoSoc Directive – now two decades old – lists exceptions in which an unauthorised user will not have infringed the rightholder’s copyright. To reform or not to reform this legal framework – that is the question considered in great depth in this book, providing detailed theoretical and normative analysis of the Directive, the national and CJEU case law arising from it, and meticulously thought-out proposals for change. By breaking down the concepts of ‘flexibility’ and ‘legal certainty’ into a set of policy objectives and assessment criteria, the author thoroughly examines such core aspects of the framework as the following: the justifications for exceptions, e.g., safeguarding the fundamental rights of users; the regimes established in legislation and case law for key exceptions; the need to promote technological development; the importance of avoiding re-fragmentation caused by uncoordinated national legislative responses to technological changes; the legal status of digital technologies that rely on unauthorised uses of copyright-protected works; and the pros and cons of importing a fair use standard modelled after that of the United States. In an invaluable concluding chapter, the author puts forward a set of reform proposals, articulating their advantages and responding to potential objections. In doing so, the chapter also identifies, synthesises and critically examines the various proposals that have been advanced in the academic literature. In its decisive contribution to the debate around the InfoSoc Directive and the rules that guide its implementation, interpretation, and application, this book isolates the contentious structural features of the framework and examines them in a critical fashion. The author’s systematised review of scholarly and policymaking proposals for increasing flexibility and legal certainty in EU copyright law will be welcomed by practitioners in intellectual property law and other areas of economic law, as well as by interested policymakers and scholars.
Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.