A core underlying principle of copyright law is that it stimulates creative production and contributes to a vibrant intellectual environment. This has been achieved through acting as an incentive for authors, balanced against the interests of users, often via collecting societies, which are...

In the platform age, copyright-protected contents are primarily disseminated over the internet. This model poses various challenges to the copyright regime that was mainly designed in and for the analog age. One of these challenges is related to the fair balance between the interests of...

After reviewing the standards of secondary liability for copyright and trademark infringement in the online context, this Article considers the extent to which the liability of online service providers would change if a DMCA-like safe harbor scheme was applied in cases of secondary trademark...

Two separate and distinct movements have colonized research in the field of intellectual property. Law and economics has deepened our understanding of the justification for granting monopoly rights over intellectual property. In recent years, economic theories have been used to support the...

Moderne Technologien machen es den Nutzern möglich, sehr viel mehr urheberrechtlich geschützte Güter zu kopieren und weiterzugeben, als dies noch vor 50 Jahren der Fall war. Das Urheberrecht kann die Rechteinhaber derzeit nicht effektiv schützen. Es müsste gründlich reformiert werden, um...

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...

The significance of data as an economic good in the digital economy quickly raises the question of who owns the data. More specifically, within the context of a data marketplace in which data is being exchanged or traded and where different bundles of rights (property rights) are trans-ferred...

This contribution to a symposium on the tenth anniversary of the WIPO Copyright Treaty (now published with a 2010 postscript) suggests that the WIPO Copyright Treaty represented a watershed moment in international copyright law for two reasons. First, it was in the 1996 Diplomatic Conference...