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This chapter explores IP protectability of what may be broadly termed “folk music,” though, that is a term fraught with ambiguity, from an intellectual property social justice (IP-SJ) framework. Our IP-SJ approach helps illuminate how IP law and administration affect opportunities for...
Persistent link: https://www.econbiz.de/10013316080
Intellectual property rights are often justified by utilitarian theory. However, recent scholarship suggests that …
Persistent link: https://www.econbiz.de/10014212353
In copyright, we are guided by a simple intuition: More revenue leads to more original works. But the relationship between revenue and creative output is not so simple. Broadening copyright in order to increase the revenue associated with any given work may ensure the expected profitability, and...
Persistent link: https://www.econbiz.de/10014150366
In this Article, we provide a blueprint for personalizing copyright law in order to reduce the deadweight loss that stems from its universal application to all users, including those who would not have paid for it. We demonstrate how big data can help identify inframarginal users, who would not...
Persistent link: https://www.econbiz.de/10012893025
In the British Academy of Songwriters, Composers and Authors (BASCA) and others v Secretary of State for Business, Innovation and Skills case, the High Court of Justice in matter of private copy exception provides the twofold prime opportunity to shed light on the state of the art of copyright...
Persistent link: https://www.econbiz.de/10012855923
theory has misunderstood the relationship between creativity and constraint. Information may want to be free, but creativity …
Persistent link: https://www.econbiz.de/10012856620
law, both in terms of jurisprudence—it is highly cited—and real-world effect— it has a dramatic impact on case outcomes …
Persistent link: https://www.econbiz.de/10013216656
The Municipal Court of Appeals has confirmed that the parody defence is unavailable under Hungarian copyright law due to the lack of an express statutory recognition. This case report analyses the content and the practical significance of the "Superman/Strawman" ruling
Persistent link: https://www.econbiz.de/10013214327
This article briefly describes the legal position in Australia prior to the Ice decision. It then explains the nature of the changes to that position as a consequence of the Ice decision. After dealing with the Ice decision, the recent first-instance decision in Phone Directories will be considered
Persistent link: https://www.econbiz.de/10014171753
The copyright system has long been understood to play a critical role when it comes to the development and distribution of creative work. Copyright serves a second fundamental purpose, however: it encourages the development and distribution of related technologies like hardware that might be...
Persistent link: https://www.econbiz.de/10014204096