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"[E]xplores the extent to which the notion of the public interest has influenced the copyright laws of ... France, Germany, the United Kingdom and the United States"--P. [v].
Copyright law is commonly described as carrying out a balancing act between the interests of authors or owners and those of the public. While much academic work, both historical and contemporary, has been done on the authorship side of the equation, this book examines the notion of public interest, and the way that concepts of public interest and the rhetoric surrounding it have been involved in shaping the law of copyright. While many histories of copyright focus on the eighteenth century, this book's main concern is with the period after 1774. The nineteenth century was the period during which the boundaries of copyright, as we know it today, were drawn and ideas of “public interest” were integral to this process, but in different, and complex, ways. The book engages with this complexity by moving beyond debates about the appropriate duration of copyright, and considers the development of other important features of copyright law, such as the requirement of legal deposit, the principle that some works will not be subject to copyright protection on the grounds of public interest, and the law of infringement. While the focus of the book is on literary copyright, it also traces the expansion of copyright to cover new subject matters, such as music, dramatic works and lectures. The book concludes by examining the making of the 1911 Imperial Copyright Act – the statute upon which the law of copyright in Britain, and in all former British colonies, is based. The history traced in this book has considerable relevance to debates over the scope of copyright law in the present day; it emphasises the contingency and complexity of copyright law's development and current shape, as well as encouraging a critical approach to the justifications for copyright law.
If you have tattoos, who owns the rights to the imagery inked on your body? What about the photos you just shared on Instagram? And what if you are an artist, responding to the surrounding landscape of preexisting cultural forms? Most people go about their days without thinking much about intellectual property, but it shapes all aspects of contemporary life. It is a constantly moving target, articulated through a web of laws that are different from country to country, sometimes contradictory, often contested. Some protections are necessary—not only to benefit creators and inventors but also to support activities that contribute to the culture at large—yet overly broad ownership rights stifle innovation. Is It Ours? takes a fresh look at issues of artistic expression and creative protection as they relate to contemporary law. Exploring intellectual property, particularly copyrights, Martha Buskirk draws connections between current challenges and early debates about how something intangible could be defined as property. She examines bonds between artist and artwork, including the ways that artists or their heirs retain control over time. The text engages with fundamental questions about the interplay between authorship and ownership and the degree to which all expressions and inventions develop in response to innovations by others. Most importantly, this book argues for the necessity of sustaining a vital cultural commons.
Previous edition, 1st, published in 1994.
With the advent of a global community, which draws its sustenance from the unfettered communication of ideas and expression, it is worth reflecting on the role of copyright law and considering whether the existing legal frameworks of copyright in Europe have the capacity to meet the changing needs of a new generation who have given a whole new meaning to the term "creativity" and to that of "original expression." This book considers the prevailing tension between the competing values of copyright, the freedom of expression, and the right to information. It also looks at the possibility of introducing a public interest exception to the copyright framework of the European Union as a means of resolving the existing discord, along with a comparative survey of the developments presently taking place in the jurisdictions of France, Germany, and the UK.
'This brilliant amalgam of law, history, social analysis and some Confucian philosophy argues for a distinctive Chinese approach to copyright and the public interest, aligning not only the Western commitment to individual creativity but also supporting public access to and use of works without the consent of the copyright holder. The argument involves fascinating analysis, not only of evolving Chinese attitudes to education, libraries, archives and censorship, but also of the profound significance of the Internet in China today.' Hector MacQueen, University of Edinburgh, UK 'Guan Hong Tang's book offers a fresh, insightful and scholarly treatment of the relationship between the law of copyright and the public interest in China. Copyright legislation in China is a novelty, dating from 1990, and Dr Tang provides a vivid overview of the historical and cultural tensions between traditional Chinese Confucianism and the very concept of copyright, tensions which more recent legislation and case law seek to address.' Gillian Davies, Hogarth Chambers, UK Guan Hong Tang expertly highlights how the multidimensional concept of public interest has influenced the development and limitations of Chinese copyright. Since 1990 China has awarded copyright individual rights but also provides for public, non-criminal enforcement. The author reveals that pressures of development, globalisation and participation in a world economy have hastened the loss of public interest from copyright. However, for a socialist country, placing the common ahead of the individual interest, the public interest also constitutes a phenomenological tool with which to limit copyright. The author also discusses how the rise of the Internet, which has had a major social and economic impact on China, raises problems for Chinese copyright law. Comparing Chinese copyright law with the USA and the UK, topical issues are presented in this unique book including those arising within education, library and archives sectors. This insightful book will strongly appeal to students and researchers in IP law, comparative law, Chinese studies, international commerce and information science. It will also prove invaluable for lawyers and consultants with expertise in IP and China.
A new approach to developing and applying technology in the public interest.
" In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the urgent need to study pragmatic legal solutions that enable Internet users to access works in the digital environment, while assuring remuneration to rights holders and promoting the development of the information society. This study examines legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals. It investigates whether and to what extent these schemes (referred to as alternative compensation systems) are admissible under EU copyright law and consistent with its objectives, responding to such questions as the following in depth: - What existing copyright schemes provide an alternative to the exclusive right in copyright law? - What online rights apply to the activities of Internet users? - What types of models exist for the legalisation of online use of copyright works? - How can the public interest shape the scope of protection of copyright? - Can and should we legalise non-commercial file sharing and online use in EU copyright law? The book carefully examines these questions in light of EU primary law, relevant directives (with a focus on the InfoSoc Directive), case law (especially that of the CJEU), and legal literature in the field of copyright. The analysis culminates with a proposed blueprint for a compensated limitation for non-commercial individual use that is consistent with EU copyright law. As a thoroughly researched and balanced response to the urgent need to rethink EU copyright law in light of its lack of social acceptance and technological adequacy, this book will be of inestimable value to lawyers, policymakers, and scholars in the field, as well as to interest groups involved in discussions for reform and modernisation of EU digital copyright law. "
Social media has an increasing role in the public and private world. This raises socio-political and legal issues in the corporate and academic spheres.Public Interest and Private Rights in Social Media provides insight into the use, impact and future of social media. The contributors provide guidance on social media and society, particularly the use of social media in the corporate sector and academia, the rising influence of social media in public and political opinion making, and the legal implications of social media. The Editor brings together unusual perspectives on the use of social media, both in developed and developing countries.This title consists of twelve chapters, each covering a salient topic, including: social media in the context of global media; the First Amendment and online calls for action; social media and the rule of law; social networks and the self; social media strategy in the public sector; social media in humanitarian work; social media as a tool in business education; social media and the ‘continuum of transparency’; business and social media; making a difference to customer service with social media; social analytics data and platforms; and altruism as a valuable dimension of the digital age. Provides a guide to the key components of corporate and academic use of social media Offers technological and non-technological, legal, and international perspectives Considers socio-political impact and legal issues
From Grokster to Google, copyright has emerged as one of the Internet's most challenging legal issues. Once limited to a select group of scholars, copyright now captures front page headlines as millions of Canadians consider its impact on education, technology, communication, and culture. As Canada embarks on a new round of digital copyright reform, this collection of 19 essays from Canada's leading copyright experts provides context and analysis of the latest reform proposals. Edited by Professor Michael Geist, an internationally regarded authority on Internet and technology law, the collection reviews international copyright norms, assesses dozens of specific Bill C-60 provisions, and identifies potential future copyright reform initiatives. Completed immediately after the introduction of Bill C-60, this timely volume provides policy makers, lawyers, judges, educators, and interested Canadians with the tools and knowledge they need to participate in a copyright debate that will shape the future of the Internet, culture, and education in Canada.