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This book develops a systematic way of implying copyright licences and analyses the existing case law in light of these proposed frameworks to demonstrate how the court's reasoning can be made methodical and transparent, testing the methodology in relation to three essential functions on the internet - browsing, hyperlinking, and indexing.
This accessible, reader-friendly handbook will be an invaluable resource for authors, agents, and editors in navigating the legal landscape of the contemporary publishing industry. Drawing on a wealth of experience in legal scholarship and publishing, Jacqueline D. Lipton provides a useful legal guide for writers whatever their levels of expertise or categories of work (fiction, nonfiction, or academic). Through case studies and hypothetical examples, Law and Authors addresses issues of copyright law, including explanations of fair use and the public domain; trademark and branding concerns for those embarking on a publishing career; laws that impact the ways that authors might use social media and marketing promotions; and privacy and defamation questions that writers may face. Although the book focuses on American law, it highlights key areas where laws in other countries differ from those in the United States. Law and Authors will prepare every writer for the inevitable and the unexpected.
A comprehensive and practical textbook in the field of intellectual property licensing.
Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbook.co.uk/ebooks
This work analyses the scope of copyright protection for computer software in the United Kingdom,and examines challenges for the future. The work presents the case for the adoption and application of infringement methodology emanating from the courts in the United States, resulting in a narrower scope of protection than is presently argued for by many UK academics, practitioners and judges alike. The work makes a careful evaluation of the efficacy of the various prevailing tests for infringement of copyright in software and their progenies, suggesting an improved formula and advocating the utility of limiting doctrines to assist in the determination of substantial similarity of particular non-literal software elements, user interfaces and screen display protection. The monograph also contains a detailed study of reverse engineering, copyright defences, permitted acts, database protection and the copyright-contract interface in the context of computer software, not omitting crucial discussions of the internet, digital dissemination and the impact of recent treaty and legislative initiatives on British copyright law. As such it will be an important resource for practitioners, lecturers and students alike.
The book takes a look at the six most important current topics arising from copyright law in the information society, and for each topic provides an in-depth introduction that compares the approaches taken in Europe and the US. Each topic is introduced by an expert, and the issues are then analysed in separate country reports representing nine Asian jurisdictions: China, Taiwan, Hong Kong, Japan, Korea, Singapore, Malaysia, Thailand and the Philippines. The six topics are: The Expansion of Copyright Law and its Social Justification: Introduction by Reto Hilty, Max Planck Institute, Munich Internet Trade, Digital Works and Parallel Imports: Introduction by Christopher Heath, European Patent Office, Munich The Collective Exercise of Copyrights: Introduction by Kung Chung Liu, Academia Sinica, Taiwan The Law on Anti-Circumvention and Digital Rights Management: Introduction by Andy Sun, National Chenchi University, Taipei, Taiwan and Zhi Wei, Peking University, Beijing Copyright Contracts, Public Policy and Antitrust: Introduction by Estelle Derclaye, Queen Mary University of London Contributory and Vicarious Liability for Copyright Infringement: Introduction by Andy Sun, National Chenchi University, Taipei, Taiwan
The book wraps up with a look at the legal effects--both positive and negative--of open source/free software licensing.
Intellectual property law in Australia has changed dramatically in the last decade and continues to change. Developments in technology, the rise of the internet, the globalisation of trade and the increasing importance of 'superbrands' – trade marks with global appeal – have all affected the laws surrounding intellectual property. Furthermore, globalisation has resulted in greater pressure on intellectual property owners to expand their rights as they endeavour to capture the potential benefits of ownership in an increasingly affluent and integrated world economy. Australian Intellectual Property Law, 2nd edition has been fully revised to take into account these significant case and legislative developments in trademarks, copyright and patents law. This book offers students and legal professionals a detailed discussion of the black-letter aspects of the law, with a primary emphasis on legal principles and complexities.
Updated to include recent important developments in Australian intellectual property law, this is an essential text for students and professionals.