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sufficient to capture the complex relationship between human behavior and creativity. …
Persistent link: https://www.econbiz.de/10011631739
One of the fundamental principles of copyright law is the expression vs. idea dichotomy, which states that copyright does not protect ideas but only expressions of ideas. According to this principle, a person who merely contributes an idea to a copyright work cannot claim authorship or joint...
Persistent link: https://www.econbiz.de/10014161155
The previous research has not reached a consensus on whether the protection of intellectual property rights (IPR) stimulates innovation, especially in the digital era. And due to the lack of exogenous variation of copyright statute, solid evidence on the causal effect of copyright protection is...
Persistent link: https://www.econbiz.de/10014081160
creativity. The concept of the romantic author, associated with personal creative genius, gained prominence in the eighteenth … in copyright or possibilities for self-production, but on greater occupational innovation. Creativity in organizing daily … work is an important form of creativity …
Persistent link: https://www.econbiz.de/10014074058
The Copyright Act grants authors and users a set of entitlements in copyrightable works. It is questionable whether and to what extent authors and users can reallocate these rights by entering into legally enforceable contracts. The Seventh Circuit’s historic decision in ProCD, Inc v...
Persistent link: https://www.econbiz.de/10014213728
This Chapter discusses the tensions between copyright law and competition and some of the ways through which copyright law itself works to advance competition policy goals. It shows how competition policy goals and anti-monopoly measures shaped the design of copyright since the Statute of Anne,...
Persistent link: https://www.econbiz.de/10014159995
Illegal downloading of copyright materials by end-users had its heyday in the early 2000s, with music, television, and film studios desperately searching for a way to curb the tide of sharing. This chapter uses the example of Capitol Records v Jammie Thomas-Rasset, the first file-sharing case to...
Persistent link: https://www.econbiz.de/10013234254
The assertion that a 'license' is simply a 'contract not to sue' has become a commonplace in both copyright and patent law. I argue that this notion is conceptually flawed, and has become a straightjacket channeling juristic reasoning into unproductive channels. At root, a license is not a...
Persistent link: https://www.econbiz.de/10014172527
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
output. It cautions, however, that while copyright-mediated vertical disintegration may promote creativity, it leaves …
Persistent link: https://www.econbiz.de/10013210712