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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...
Persistent link: https://www.econbiz.de/10012750225
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
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...
Persistent link: https://www.econbiz.de/10011947674
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 Hungarian National Report on the Balance of Copyright was prepared for the XVIIIth International Congress of … law and copyright theory in respect of the issue of limitations and exceptions in the copyright regime. The report … decisions and the expert opinions of the Hungarian Copyright Expert Council …
Persistent link: https://www.econbiz.de/10014179094
This paper reveals how theory of copyright has developed from history. From The Statute of Anne in 1710 to Wheaton v …. Peters in 1834 where different aspects of copyright were put forward. This paper also deals with creation of American … copyright by a utilitarian, rather than a natural-law, impulse, the language of the Copyright Clause was borrowed directly from …
Persistent link: https://www.econbiz.de/10014191995
In June and October 2009, the French parliament passed controversial copyright laws aimed at deterring internet piracy …’s comprehensive privacy and data protection laws, notably by ensuring that copyright holders and internet service providers would not … also compare the balance it achieves with that of copyright enforcement in the US as well as with that of other existing or …
Persistent link: https://www.econbiz.de/10014192091
Written by a leading expert in copyright valuation, the paper reviews critical considerations for estimating damages in …
Persistent link: https://www.econbiz.de/10014195034
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 … copyright law in that the process that led up to the conclusion of the two internet treaties (both the WCT and the WIPO …
Persistent link: https://www.econbiz.de/10014195450
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 …. When it comes to issues of online infringement, then, copyright policy serves two goals, not one: protect the incentives …
Persistent link: https://www.econbiz.de/10014204096