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One of the fundamental principles of copyright law is the expression vs. idea dichotomy, which states that copyright … to a copyright work cannot claim authorship or joint authorship of that work. Instead, it is the author or creator of the … work who becomes the sole copyright owner, even when the idea appropriated by the author was sine qua non for creation of …
Persistent link: https://www.econbiz.de/10014161155
copyright in works, the answer in legal history to the question of what is at the root of title is not so clear and that lack of …: what is at the root of title to copyright in works? The contestability that swirls around this question, which in part is … also a ‘history war’, can be distilled in a generalised way. One side perceives modern statutory copyright as having its …
Persistent link: https://www.econbiz.de/10014131822
Copyright requires us to distinguish between two different ways of transforming a “work of authorship”: “derivative … proximately from a work to copyright owners. Many people blame this expansionist tendency on a “propertarian” understanding of … copyright, and argue that the solution is to abandon any notion of copyright as property. I agree that current copyright …
Persistent link: https://www.econbiz.de/10014190507
Despite the rapidly growing volume and economic importance of data in the digital economy, the legal framework for data ownership, access and trade remains incompletely defined in the EU and elsewhere. De facto data ownership dominates and often leads to fragmentation or anti-commons problems in...
Persistent link: https://www.econbiz.de/10011980745
shows the extent to which US and EU copyright law protects information stored on a blockchain and the manner in which right …
Persistent link: https://www.econbiz.de/10012823109
This study extends the literature on fighting software piracy by investigating how Intellectual Property Rights (IPRs) regimes interact with technology to mitigate software piracy when existing levels of piracy are considered. Two technology metrics (internet penetration rate and number of PC...
Persistent link: https://www.econbiz.de/10012183241
This article studies the implications of a recent radical innovation in American copyright law, which has received … little attention in copyright scholarship. Traditionally, U.S. copyright law protected an unpublished work as long as it … article first explains how, starting in 2003, a change to U.S. copyright law took effect that resulted in the copyright …
Persistent link: https://www.econbiz.de/10014219726
The main concern of this preliminary research is to establish the place of the intellectual property rights within the classical classification of rights used by theory of law, in rights in rem and rights in personam, or as they were called by Wesley Newcomb Hohfeld, multital rights and paucital...
Persistent link: https://www.econbiz.de/10014143427
We investigate whether patents that are jointly held by legally independent companies help sustain product-market collusion. We use a simple model of repeated interactions to show that joint patents can serve collusive purposes. Our model generates two testable predictions: when joint patents...
Persistent link: https://www.econbiz.de/10009791540
Times of emergency call for drastic measures. These steps may include the physical takeover of privately-owned assets by the government for a certain period of time and for various purposes, aimed at addressing the state of emergency. When will such acts amount to a taking, and what compensation...
Persistent link: https://www.econbiz.de/10013221827