The database directive, initiated by the European Commission in 1992 and due to be finalised in the near future, establishes a two-tiered system of protection, amending copyright with a sui generis rule that grants protection against unfair extraction. The terms of protection are extended if the...

This article examines a worldwide shift in laws, policies, and practices pertaining to intermediaries’ role in online copyright enforcement. We use a comparative methodology to expose an emerging trend in jurisdictions, including Australia, Belgium, Canada, China, the European Union, France,...

Digital communications technologies have led to fundamental changes in the ways that cultural institutions fulfil their public missions of access, preservation, research, and education. Institutions are developing publicly-accessible websites in which users can visit online exhibitions, search...

The focus of this article is the federal estate and gift tax treatment of copyright termination rights. The right of a creative individual to terminate prior copyright transfers serves to protect against economic exploitation. Once a copyright’s value has been established in the marketplace,...

This Article examines the symbiotic relationship between copyright law and technology. I describe how an environment characterized by rapid technological change creates two conditions that determine the direction and evolution of copyright law: legal delay and legal uncertainty. I explain how...

This article asserts that newspapers' quest for copyright protection was an early step onto a slippery slope toward a property-based, rather than service-based, ethos, and that removing that protection may at the least mark a first, symbolic step back from the abyss. Part I examines the state of...

Intellectual property rights are often justified by utilitarian theory. However, recent scholarship suggests that creativity thrives in some industries in the absence of intellectual property protection. These industries might be called IP's negative spaces. One such industry that has received...

The production of digital content is a phenomenon which has completely changed the conditions of access to knowledge. Within this framework it becomes even more important to find and to formulate a new settlement for intellectual property rights balancing contrasted rights. Owners of the old...

This article reviews the copyright dilemma with regard to illegal works in the context of China's copyright system, and comments on the relevant WTO DS362 panel report. Under the current Chinese Copyright Law, not merely the works with illegal content, but also the works which do not fulfill the...

This article examines the author's right of integrity of authorship contained in the Copyright Act 1968 (Cth), which is the right of an author to object to a 'derogatory treatment' of his or her work. A treatment of a work is derogatory if it is 'prejudicial to the author's honour or...