Copyright law Books

Book SynopsisTrade Review"An absorbing and rigorously researched new book. . . .Kee does more than provide a recent history of collisions between art and the law. She overlays developments in the two fields, and argues that each one can help us better understand the other. . . . Models of Integrity reads as a compelling call for artists, arts professionals, and viewers to work more ambitiously, and to think with more nuance." -- Andrew Russeth, * ARTnews *"Kee’s book is a welcome primer on the myriad ways artists have engaged with the law over the past fifty years. What sets it apart from earlier literature is the intricacy with which Kee weaves together art and legal history as mutually informative, arguing that it is because artists are legal subjects within society at large that they have been able to so adroitly critique and illuminate law’s logics. . . It also inspires us to pursue Kee’s revelatory art-historical inquiry into how, when, and why legal conditions influence art." * Burlington Magazine *“This wide-ranging volume offers insights into issues (of certification and distribution, for instance) that shaped Conceptual art.” * ArtReview *"Meticulously researched and lucidly written, Models of Integrity demands that we take the law seriously as one of many structural factors that impact art in complex ways. Kee’s interdisciplinary approach often yields a fresh perspective on her objects of study, assessing them through an underexplored lens and situating them firmly within an expanded social context. And while many people view the law as a dispassionate arbiter of clearly defined rules, Kee reminds us that ambiguity and inconsistency are deeply embedded in the American legal system. Although as a practical matter these uncertainties can chill what may in fact be perfectly legal creative acts, Models of Integrity provides an engaging account of a disparate group of artists who jumped wholeheartedly into the fray." * Panorama: Journal of the Association of Historians of American Art *"The ‘models of integrity’ in Kee's fascinating account are articulated in the intersection of individual codes of conduct, art world conventions, and the range of activities that are both facilitated and enjoined by legal protocols. Taking full advantage of her double background, as a practising lawyer who subsequently turned her attention to art history, Kee examines many telling points of comparison between the two fields while also drawing on a wealth of archival research." * Art History *"Adds a novel perspective on art law, highlighting how both law and art can serve as sources of creative thinking. Illustrations and scholarship form an integral part of the book, and constitute an unconventional and much needed artistic take on the law [putting] six post-sixties artworks in their legal, historical, political, and artistic contexts." * Center for Art Law Blog *"Brushing with critical intersections of law and contemporary art, this book explores concepts of integrity as mediated and represented through artworks of the 1960s and onwards. Dancing fuidly between historical context, art theory, and legal theory, each piece of art is grounded in the legal developments of the time: questions of integrity for law and artists, the creation of artistic ownership rights, the constitutive power of property, and the emergence of art forms not yet recognised as art. Through art, Kee opens up vital spaces of legal discussion through depictions of (and participation in) authority, power, disobedience and other possibilities beyond compliance and consensus." * Journal for the Semiotics of Law *“The book speaks to a variety of audiences: those interested in post-1960s art of the United States; in the intersection of art and law; in the history of law and its intersections with art; in art triggering negative accountability and what is now referred to as moral outrage and call-out culture; and in art and its broader connections to social, political, and cultural moments in history. It also gestures toward a neglected field of art historical research that is ripe for development: an art history informed by legal analysis. . . . the strength of Models of Integrity is not just its integration of legal analysis into art history, it is also how the book lays the groundwork for (or one might say: operates as a model for) future scholarship examining the intersection of art and law.” * Law & Literature *"A perceptive and sophisticated book that brings remarkable insight to the complex entanglements of law and art. It deftly and incisively explores the connections between art and law at a time in history during which there was “a crisis of citizenship." Rather than advocating a particular ideological agenda in response to this crisis, through her compelling interpretations of a series of case studies Kee illuminates how the relationships between the art and law invite critical engagement with “politics in need of accounting.” * Law, Culture, and the Humanities *"An exceptional and commanding work of scholarship. Despite the author’s qualification that the book might fall short of the visual analysis expected in an art history text, Kee’s book is vividly illustrative, and boldly leads the reader through the oft- fraught liminal space between art and law. The book’s achievements extend far beyond effectively bearing legal concepts on art or narrating the logistical relations between art and law. To be exact, its real feats lie in its rumination on not only the plasticity of the law, but also on art as an extralegal machination that structures our society. In this way, Kee’s work will serve as a model for future scholarship in this emerging interdisciplinary field." * Journal of Visual Culture *"Joan Kee’s Models of Integrity is a fascinating book that makes a valuable contribution to interdisciplinary legal scholarship." * Edinburgh Law Review *'Models of Integrity offers a provocative account of art that 'messes with' the law.'' * Art Journal *

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Book SynopsisThe new edition of a well-established text, A Practical Guide to Trade Mark Law provides a comprehensive, digestible and approachable introduction to trade mark law, explaining the technicalities of the law in plain, accessible language.While the focus of the book is primarily on UK law, it also deals with the acquisition and protection of EUTrade Marks, and procedure at OHIM, drawing comparisons between trade marks in the UK, and EU Trade Marks where appropriate.The book remains highly practical throughout, comprising discussion on topics such as the absolute and relative tests for registrability, registration practice and procedure, revocation, assignment and licensing, as well as complete coverage of the law on infringement, passing off and remedies.Trade ReviewThis excellent book was a gem before, and it is now an even better-polished, more sparkling gem again. I have no hesitation in recommending to you, may imploring you, to buy it: it should be on every practitioner's - and trainer's - desk. * Tibor Gold, CIPA, 02/06/2014 *Table of Contents1. The trade mark system and the functions of trade marks ; 2. Registrable marks ; 3. Relative grounds for refusal of registration ; 4. Practice and procedure in the trade marks registry and OHIM ; 5. Revocation and invalidity ; 6. Assignment and licensing of marks ; 7. Infringement of trade marks ; 8. Passing off ; 9. Remedies and procedure for infringement of trade mark and passing off

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Book SynopsisThis original andrelevant book investigates the relationship between intellectual property and the visual arts in France from the 16th century to the French Revolution. It charts the early history of privilege legislation (today's copyright and patent) for books and inventions, and the translation of its legal terms by and for the image.Those terms are explored in their force of law and in relation to artistic discourse and creative practice in the early modern period. The consequences of commercially motivated law for art and its definitions, specifically its eventual separation from industry, are important aspects of the story. The artists who were caught up in disputes about intellectual property ranged from the officers of the Academy down to the lowest hacks of Grub Street. Lessons from this book may still apply in the 21st century; with the advent of inexpensive methods of reproduction, multiplication, and dissemination via digital channels, questions of intellectual property and the visual arts become important once more.

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Book SynopsisIdeas are the fuel of industry and the entertainment business. Likewise, manufacturers receive suggestions for new products or improvements to existing products, and retailers frequently receive ideas for new marketing campaigns. Many ideas are not new and may be used by anyone without the risk of incurring any legal liability, but some ideas are novel and valuable. If the originator of a potentially useful idea does not have the financial resources to exploit the idea, he or she may submit it to another, with the expectation of receiving compensation if the idea is used. Although an extensive body of intellectual property law exists to protect the rights of inventors, authors, and businesses that own valuable brands or confidential proprietary information, raw ideas receive no protection. Nevertheless, the originator of a potentially useful and marketable idea is not without legal recourse. The courts have developed, through a long line of common law precedents, legal protection foTable of ContentsChapter 1 Introduction to the Law of IdeasChapter 2 Legal Theories of Idea ProtectionContract LawBreach of Express ContractBreach of Implied ContractUnjust Enrichment and Quasi-ContractBreach of Confidence or Confidential RelationshipMisappropriation of PropertyChapter 3 Intellectual Property Protection and PreemptionPatent LawCopyright LawTrademark LawTrade Secret LawFederal Preemption of State Law Theories of Idea ProtectionPatent PreemptionCopyright PreemptionTrade Secret PreemptionChapter 4 Requirements for Idea ProtectionThe Novelty RequirementThe Concreteness RequirementChapter 5 Scope of Liability for Idea TheftRecipient’s Use of the IdeaThe "Blurt-Out" DefenseThe Independent Development DefenseChapter 6 Comparative Approaches to Idea ProtectionProtection of Ideas under International Intellectual Property LawProtection of Ideas under National LawsChapter 7 Practical Aspects of Idea SubmissionsIdea Providers: The Nondisclosure AgreementIdea Recipients: The Idea Submission AgreementChapter 8 Selected Bibliography on the Law of IdeasIndex of Main Cases and AuthoritiesIndex of Terms

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Book SynopsisWinner of the 2020 Sami Rohr Prize for Jewish Literature "Dramatic and illuminating…[R]aises momentous questions about nationality, religion, literature, and even the Holocaust." —Adam Kirsch, The AtlanticTrade Review"Fascinating and forensically scrupulous." -- John Banville - The Guardian"A tale pitting two Goliaths against one octogenarian David, untangled in exacting, riveting detail.… [A] must-read." -- Rebecca Schuman - Slate"Thoughtful and provocative." -- Ruth Franklin - The Wall Street Journal"A gifted cultural historian with a scholarly sensibility." -- Lev Mendes - The New York Times Book Review"Absorbing.… Balint elegantly intercuts courtroom scenes with episodes from Kafka’s biography and cultural afterlife. He brings out every paradox of a judicial process that tried to tie down this most ambivalent of authors, the ultimate ‘disaffiliated pariah,’ to a fixed identity.… Balint’s scrupulous and sardonic prose makes you love Kafka, and dread the law." -- The Economist"Though Benjamin Balint’s masterful hunt for Kafka’s rightful ownership begins as a local dispute in an Israeli family court, it soon thickens into modernity’s most bitterly contentious cultural conundrum. Who should inherit Franz Kafka? The woman into whose hands his manuscripts fortuitously fell? Germany, the nation that murdered his sisters but claims his spirit? Israel, asserting a sovereign yet intimate ancestral right? Searing questions of language, of personal bequest, of friendship, of biographical evidence, of national pride, of justice, of deceit and betrayal, even of metaphysical allegiance, burn through Balint’s scrupulous trackings of Kafka’s final standing before the law." -- Cynthia Ozick, author of Foreign Bodies"Thrilling and profound, Kafka’s Last Trial shines new light not only on the greatest writer of the twentieth century and the fate of his work, but also on the larger question of who owns art or has a right to claim guardianship of it. Benjamin Balint combines the sharp eye of the courtroom journalist with the keen meditations of a literary and cultural thinker, and his research and lively intelligence deliver insights on every page." -- Nicole Krauss, author of Forest Dark"Kafka’s Last Trial is a fascinating inquiry into—and meditation on—the nature of artistic genius and the proprietary claims any one individual or country has on the legacy of that genius. Benjamin Balint is both a superb investigative journalist and a gifted cultural critic. This is that rarest of books: a scholarly work that is also compulsively readable." -- Daphne Merkin, author of This Close to Happy: A Reckoning with Depression"Superb.… Beautifully crafted, with just the right ratios of empirical-legal information, intellectual history, critical awareness of Kafka and his work, and wise reflection. It is obviously the product of admirably patient research and rare dedication to quality control." -- Stanley A. Corngold, professor emeritus of German and Comparative Literature, Princeton University"A highly entertaining story of literary friendship, epic legal battles and cultural politics centered on one of the most enigmatic writers of the 20th century.… [A]n exquisitely human drama peopled with an eccentric cast of characters that beautifully evokes the early days of Israel, the sadness of the exiles, and the long shadow cast by the Holocaust." -- Guy Chazan - Financial Times

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Book SynopsisExploring artistic authorship and intellectual property in the contemporary world. If you have tattoos, who owns the rights to the imagery inked on your body? What about the photos you just shared on Instagram? And what if you are an artist, responding to the surrounding landscape of preexisting cultural forms? Most people go about their days without thinking much about intellectual property, but it shapes all aspects of contemporary life. It is a constantly moving target, articulated through a web of laws that are different from country to country, sometimes contradictory, often contested. Some protections are necessarynot only to benefit creators and inventors but also to support activities that contribute to the culture at largeyet overly broad ownership rights stifle innovation. Is It Ours? takes a fresh look at issues of artistic expression and creative protection as they relate to contemporary law. Exploring intellectual property, particularly copyrights, Martha Buskirk draws connections between current challenges and early debates about how something intangible could be defined as property. She examines bonds between artist and artwork, including the ways that artists or their heirs retain control over time. The text engages with fundamental questions about the interplay between authorship and ownership and the degree to which all expressions and inventions develop in response to innovations by others. Most importantly, this book argues for the necessity of sustaining a vital cultural commons.Trade Review"Buskirk’s critical, nuanced take on copyright includes varied, important topics, such as a deep dive on the shortcomings of our fair-use exceptions to copyright; discussions on who benefits from copyright restrictions (author or publisher); how to consider moral or personhood rights of the author; and the challenges that fake or forged artwork poses to the art world. . . . Is It Ours? exposes the challenges of applying a uniform system to a diverse set of art through examples of cases that involve text, painting, sculpture, music, film, photography, digital images, etc." * ARLIS/NA Reviews *"The meticulously researched material makes this text a good reference for librarians, faculty, and graduate students desiring context for the constantly evolving copyright landscape and its impact on our culture." * College & Research Libraries *"Is It Ours? provides an impressive range of lawsuits and other conflicts within and beyond the contemporary art world emblematic of different problems that arise when copyright and other types of intellectual property function as a powerful economic engine." * Art Journal *Table of ContentsAcknowledgments Introduction: The Convenient Fiction of Authorship 1. From Privilege to IP 2. The Appropriation Game 3. Art, Life, and Infringement 4. Moral Rights and Beyond 5. Public Matters 6. Authorship and the Undead 7. Status Shifts 8. From Authentic to Fake Coda: Life in the Virtual Commons Notes List of Illustrations Index

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Book SynopsisMark Rose uses case studies to show how gender and gentility have influenced the self-presentation of authors in court and how the personal styles, public personas, and histories of novelists, dramatists, poets, photographers, and cartoonists have influenced the development of legal doctrine around issues of copyright.

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Book SynopsisTrade ReviewHonorable Mention for the 2015 PROSE Award in Law & Legal Studies, Association of American Publishers "[F]ascinating and learned."--Louis Menand, New Yorker "Baldwin quite ably and thoroughly illuminates the history of copyright developments in Europe and the US."--Mark A. Fischer, Los Angeles Review of Books "Baldwin expertly and economically records the major beats of copyright history in the last 300 years in a surprisingly focused, readable narrative... In discussions ranging from the origins of copyright in 18th-century England, through the rise of 'moral rights' in Europe and the transition of the U.S. from global pirate to a net exporter of cultural works in the 19th century, to present day battles over Google Book Search and thorny legislation, such as the Stop Online Piracy Act (SOPA), Baldwin both illuminates the past and neatly sketches the contours of the battles to come."--Publishers Weekly starred review "Scholarly but accessible and lucid; essential for students or modern intellectual property law and of much interest to a wide audience of writers, journalists, publishers and 'content creators'."--Kirkus "Baldwin has provided an often fascinating account of debates over intellectual property, including the defense of the moral rights of authors in Fascist Italy and Nazi Germany. Most important, Baldwin makes a compelling case that although claims to intellectual property have strengthened over the last three hundred years, they do not rest in nature. Intellectual property is, in fact, 'a contingent, socially created right, in thrall to what the lawmakers of the day' decide it is."--Huffington Post "The overriding value of The Copyright Wars is ... its rich history of copyright and its underlying philosophy. In particular, [Baldwin] provides a fascinating analysis of the rivalry between the US and UK conception of property rights and the continental European belief in the author's moral rights."--John Gapper, Financial Times "Well-researched ... full of informative and occasionally amusing history on international treaties, ideas about authorship, and why the French get so angry when we colorize old movies. A book like Baldwin's is long overdue."--Robert Levine, Columbia Journalism Review "[A]n epic history of copyright and authors' rights."--Mike Holderness, New Scientist "An excellent, scholarly study of what has gone wrong with American copyright law in the last half-century that will contribute to the ongoing debate on reforming the law."--Library Journal, starred review "I hardly exaggerate when I say that the story leaves the reader breathless. It is not only that the range of the author's erudition is as broad as the back of a Volga boatman, but that this book succeeds in reflecting, in its tiny puddle of a specialized subject, much of what has happened in Western thinking since the French Revolution. I cannot do it justice in a brief review, because every page is a veritable kaleidoscope of historical fact, astute ratiocination, and counterintuitive paradox, a pattern as dazzling as it is bewitching."--Andrei Navrozov, Chronicles "Baldwin's detailed scholarship is second to none, and he offers a meticulously researched summary and synthesis of these debates that manages to make sense out of three centuries of legal and political struggle. The work manages to make this struggle accessible and comprehensible to a broad audience, without sacrificing any of the important nuance and context that an understanding of the issues requires."--Hans Rollman, PopMatters "Copyright Wars is worth a read. It reminds readers that whereas many of today's copyright issues have to do with new technology, they have deep historical and cultural roots. And the book offers one of the best collections of copyright anecdotes."--Economist "[A] superb book for the general reader."--Barney Sherman, Iowa Public Radio "Peter Baldwin brilliantly unpicks the history, in this well-written, highly readable book... I never expected to call a book on copyright legislation 'fascinating'!"--Tom Wilson, Information Research "Baldwin has a case to make... an original and counterintuitive argument that could, if accepted, change the shape of conflicts over intellectual property (IP) in generaI... If he is right, then the way in which we see the politics of globalization in the information economy needs to be radically revised... Baldwin makes use of sources in all these countries' languages that will be largely new to the Anglophone community. Thanks to this, he is able to bring a valuable and genuinely new perspective to bear on the topic... In the end, this is an important book that deserves the attention of readers interested in cultural policy, globalization, and IP debates. The argument it makes is significant and deserves to be addressed, not so much by historians as by legal experts, digital activists, authorities in international politics, and even negotiators engaged in the nitty-gritty of trade diplomacy."--Adrian Johns, H-Net "[A] superbly researched, well-written tract on how copyright developed in England, France, Germany, and the US with a view to the moral rights of authors of creative products, the role of the potential audience, and how legislation reflects the extent of the coercive ability of the state to limit an author's personal expressive ability."--Choice "Peter Baldwin's The Copyright Wars: Three Centuries of Trans-Atlantic Battle ... traces the swings of power and interest between authors and their audiences in the long struggle between copyright and access. It sparkles with Baldwin's characteristic qualities: caustic and epigrammatic prose, a forensic comparative approach to differences between the US and Europe, scorn for vested interests and sloppy thinking. It has a special relevance today when corporate rights-owners are seeking in law to extend their ownership of culture in perpetuity and digital activists (and, now, academics) are fighting for open access."--Peter Mandler, History Today "Copyright Wars is an enlightening read ... it provides three centuries of context to today's battles of further harmonization of copyright law in the European Union, litigious heirs of copyright works and the attempts of policymakers and judges to play catch-up with the latest technology. With MEP Julia Reda's Report on the Information Society Directive 2001/29 even suggesting copyright registration, it may be that Baldwin's historical analysis is in fact an indicator of the future direction of international copyright regulation."--Journal of Intellectual Property Law and Practice "The Copyright Wars is an exhaustively researched epic journey through the international, historical, and present-day relationships among society, authors, disseminators ... and the public. It presents not only the main legal developments in sweeping history over hundreds of years ... but also a dazzling assemblage of anecdotes, historical context, quotes from obscure writings, miniutiae and 'you are there' reports on benchmark cases. Perhaps because he is a nonlawyer writing a book of social/legal history, Baldwin is free to observe and write more like a time-travelling historical journalist, unafraid to use catchy phrases or to challenge his readers."--California Lawyer "In the end, this is an important book that deserves the attention of readers interested in cultural policy, globalization, and IP debates. The argument it makes is significant and deserves to be addressed ... by legal experts, digital activists, authorities in international politics, and even negotiators engaged in the nitty-gritty of trade diplomacy."--Adrian Johns, H-Net Reviews "The Copyright Wars is an exhaustively researched epic journey through the international, historical, and present day relationships among society, authors, disseminators and the public. It presents not only the main legal developments in sweeping history over hundreds of years focusing on Britain, the United States, and continental Europe-but also a dazzling assemblage of anecdotes, historical context, quotes from obscure writings, minutiae, and 'you are there' reports on benchmark cases."--Corey Field, California Lawyer "[T]his is an important book that deserves the attention of readers interested in cultural policy, globalization, and IP debates. The argument it makes is significant and deserves to be addressed."--Adrian Johns, H-Net Reviews "[A] powerful book... This book deserves a wide readership, not just among librarians, but among those who care about corporate control of our cultural heritage."--Michael O. Eshleman, Law Library Journals "Baldwin has produced an enjoyable, persuasive, and comprehensive account of a vast and complex set of historical developments. He succeeds in showing that today's 'digital generation' is fighting a battle that 'stretches back three centuries.'"--Robert Spoo, Journal of Modern HistoryTable of ContentsIntroduction: The Agon of Author and Audience 1 1. The Battle between Anglo-American Copyright and European Authors' Rights 14 2. From Royal Privilege to Literary Property: A Common Start to Copyright in the Eighteenth Century 53 3. The Ways Part: Copyright and Authors' Rights in the Nineteenth Century 82 4. Continental Drift: Europe Moves from Property to Personality at the Turn of the Century 126 5. The Strange Birth of Moral Rights in Fascist Europe 163 6. The Postwar Apotheosis of Authors' Rights 199 7. America Turns European: The Battle of the Booksellers Redux in the 1990s 262 8. The Rise of the Digital Public: The Copyright Wars Continue in the New Millennium 318 Conclusion: Reclaiming the Spirit of Copyright 383 Acknowledgments 411 Notes 413 Index 513

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Book SynopsisTrade Review"Winner of the Peter Gonville Stein Book Award, American Society for Legal History""Runner-Up Commendation for the DeLong Book History Book Prize, Society for the History of Authorship, Reading, and Publishing""Wang’s book . . . is [an] equally fundamental (soon to be called seminal, I believe) piece of literature as Alford’s title. Wang’s monograph dug into extreme depth."---Péter Mezei, Journal of Intellectual Property Law & Practice"Wang’s book adds substantially both to long-standing and more recent general historical scholarship on modern China. . . . Wang uses her archival and published sources to make original, insightful, even brilliant arguments that, while clearly located within recognizable lineages of empirical social, cultural, and legal historiography, also extend that historiography in innovative and important ways. Wang writes vigorous yet nuanced jargon-free narrative and analytical prose. She knows how to tell a story. Her writing in this book will undoubtedly appeal to both scholars and laymen."---Christopher A. Reed, Journal of Chinese History"[A] meticulously researched and highly readable new book. . . . There is a widespread general perception, even among specialists, that copyright and related intellectual property rights have always been an awkward alien import in China and enjoy no genuine social recognition or support. Pirates and Publishers makes a strong and convincing case for revising the latter notion."---Michel Hockx, Journal of Asian Studies"What Wang does offer, through both standard resources and a unique cross-referencing of Booksellers Guild records with the Shanghai Municipal Archives, is forgotten slice of China’s economic and cultural history, largely presented here—at least by the standards of copyright law—as a rollicking read."---Ken Smith, Asian Review of Books"Ambitious and insightful."---Nicolai Volland, East Asian Publishing and Society"Ultimately, Wang’s book is a fine work of scholarship that persuasively demonstrates that, beyond the narrow confines of the formal law, there was a vast and socioeconomically significant dimension of institutional agency in early twentieth-century Chinese copyright practices. The book introduces much social complexity and nuance to a topic that has all too often lacked both."---Shyamkrishna Balganesh & Taisu Zhang, Harvard Law Review

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Book SynopsisTrade Review"Winner of the Peter Gonville Stein Book Award, American Society for Legal History""Runner-Up Commendation for the DeLong Book History Book Prize, Society for the History of Authorship, Reading, and Publishing""Wang’s book . . . is [an] equally fundamental (soon to be called seminal, I believe) piece of literature as Alford’s title. Wang’s monograph dug into extreme depth."---Péter Mezei, Journal of Intellectual Property Law & Practice"Wang’s book adds substantially both to long-standing and more recent general historical scholarship on modern China. . . . Wang uses her archival and published sources to make original, insightful, even brilliant arguments that, while clearly located within recognizable lineages of empirical social, cultural, and legal historiography, also extend that historiography in innovative and important ways. Wang writes vigorous yet nuanced jargon-free narrative and analytical prose. She knows how to tell a story. Her writing in this book will undoubtedly appeal to both scholars and laymen."---Christopher A. Reed, Journal of Chinese History"[A] meticulously researched and highly readable new book. . . . There is a widespread general perception, even among specialists, that copyright and related intellectual property rights have always been an awkward alien import in China and enjoy no genuine social recognition or support. Pirates and Publishers makes a strong and convincing case for revising the latter notion."---Michel Hockx, Journal of Asian Studies"What Wang does offer, through both standard resources and a unique cross-referencing of Booksellers Guild records with the Shanghai Municipal Archives, is forgotten slice of China’s economic and cultural history, largely presented here—at least by the standards of copyright law—as a rollicking read."---Ken Smith, Asian Review of Books"Ambitious and insightful."---Nicolai Volland, East Asian Publishing and Society"Ultimately, Wang’s book is a fine work of scholarship that persuasively demonstrates that, beyond the narrow confines of the formal law, there was a vast and socioeconomically significant dimension of institutional agency in early twentieth-century Chinese copyright practices. The book introduces much social complexity and nuance to a topic that has all too often lacked both."---Shyamkrishna Balganesh & Taisu Zhang, Harvard Law Review

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Book SynopsisAnn Harrison runs her own successful legal consultancy. Former head of the music group at a leading media and entertainment law firm, she specialises in copyright and contract law for artists, producers, managers and publishers. annharrison.co.ukTrade ReviewThe most comprehensive and accessible guide to the workings of the British music industry. * Daily Mirror *An invaluable guide to the legal minefield. * Guitar Magazine *An indispensable companion for any up-and-coming musician. * Future Music *Harrison has cut a magnificent swathe through the legal jungle. Essential. * Record Collector *An indispensable companion for any up-and-coming musician * Future Music *

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Book SynopsisAnn Harrison runs her own successful legal consultancy. Former head of the music group at a leading media and entertainment law firm, she specialises in copyright and contract law for artists, producers, managers and publishers. annharrison.co.uk

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Book SynopsisThe conflicts at the heart of international copyright are explored through the history of Canadian nation-building.Table of Contents1 Introduction2 Canada and the International Copyright System3 Imperialism: Canadian Copyright under the Colonial System, 1842-784 United Empire: Canada and the Formation of the Berne Convention, 1839-865 Berne Buster: The Struggle for Canadian Copyright Sovereignty, 1887-19086 The New Imperial Copyright, 1895-19147 Copyright “Sovereignty,” 1914-248 Copyright Internationalism: Canada’s Debut, 1927-369 New Directions, 1936-6710 Crisis in International Copyright, 196711 Re-engagement, 1967-7712 After 197113 ConclusionNotesBibliography and Archival SourcesIndex

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Book SynopsisThe conflicts at the heart of international copyright are explored through the history of Canadian nation-building.Table of Contents1 Introduction2 Canada and the International Copyright System3 Imperialism: Canadian Copyright under the Colonial System, 1842-784 United Empire: Canada and the Formation of the Berne Convention, 1839-865 Berne Buster: The Struggle for Canadian Copyright Sovereignty, 1887-19086 The New Imperial Copyright, 1895-19147 Copyright “Sovereignty,” 1914-248 Copyright Internationalism: Canada’s Debut, 1927-369 New Directions, 1936-6710 Crisis in International Copyright, 196711 Re-engagement, 1967-7712 After 197113 ConclusionNotesBibliography and Archival SourcesIndex

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Book SynopsisAre innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the progress of science and the useful arts has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centTrade Review"Ultimately, The Eureka Myth does truly 'chart new terrain for our understanding of . . . scientific and artistic innovation and the intellectual property that purports to sustain them' (pp.5–6). Silbey offers unique insights into the work and motivations of creators and innovators and makes an original and thoughtful contribution to the discourse on intellectual property rights. The Eureka Myth would be a good addition to an academic law library collection, and it is a worthwhile read for anyone interested in intellectual law and policy."—Morgan M. Stoddard, Law Library Journal"The purpose of intellectual property laws is to promote the 'progress of science and useful arts' by securing property rights for authors and creators . . . Silbey articulates a compelling challenge to the incentive argument . . . A compelling counter to common assumption about IP law, backed by interesting anecdotal evidence, that will interest IP law scholars and practitioners . . . Recommended."—C. Fruin, CHOICE"The Eureka Myth substantially advances our understanding of why and how artists, scientists, businesses, and the lawyers who serve them use intellectual property as part of broader strategies, and how both economic and moral claims about creativity and IP match—and mismatch—with the formal law."—Rebecca Tushnet, Georgetown University Law Center"The Eureka Myth enriches our empirical understanding of the roles that intellectual property laws play in the lives of individual creators in scientific, and more literary and artistic fields. This provocative book explains why creators sometimes under-enforce their rights, and contrary to the common assumptions of IP specialists, it shows that individual creators rarely think of intellectual property rights as an inducement to be creative."—Pamela Samuelson, Berkeley Law School"The relationship between intellectual property law and human creativity is too often assumed rather than interrogated. By listening to creators, Silbey uncovers new and different reasons why people create and how intellectual property matters. This wise and luminous book is required reading for anyone who claims to understand IP law."—Julie E. Cohen, Georgetown University"At last—a book that provides the only sound basis for sound policy. Silbey did the hard work of asking those who create why they create and what they need to keep creating. In place of phony political bromides like 'I stand with artists,' we can finally hear what artists themselves say. We should listen."—Bill Patry, Senior Copyright Counsel, GoogleTable of ContentsContents and AbstractsIntroduction: Introduction chapter abstractThe introduction introduces the book as a qualitative empirical interview study with artists, scientists, engineers and business people in creative and innovative industries. It situates the book as an investigation into the motives and mechanisms of creative and innovative work and in the context of the theoretical and quantitative literature on IP and its success at achieving the "progress of science and the useful arts," a Constitutional goal. Based on analysis of the accounts from the interviews, the introduction describes how there exists a diversity of reasons for and mechanisms by which creative and innovative work gets made and distributed, only a small part of which is intellectual property law. This challenges core principles of IP law, especially an assumption that exclusivity through property rights is essential to stimulating art, science and technological progress. 1Inspired Beginnings chapter abstractChapter 1 traces the features of a specific story form, "the origin story" throughout the interviews. An "origin story" begins with an inspired moment that sets the person or organization on its path. Origin stories serves particular purposes. They explain how a culture or society began (e.g., Genesis). They infuse an aspect of everyday life with special significance by explaining why things are as they are (e.g., "you were born that way"). They guide how things should evolve in the future (e.g., "the agreement memorializes our future intentions"). Each interviewee explains a milestone in their professional life in terms of an origin story, referring to a past that has unique significance for making sense of the present. Chapter 1 canvasses these origin stories to explain how most describe the embarkation of their work in art or science mostly due to intrinsic or serendipitous forces, unrelated to IP. 2Daily Craft: Work Makes Work chapter abstractChapter 2 explores the varied ways the interviewees describe their daily work. Similarities in accounts coalesce around the dimensions of time, space and labor. Most articulate a common respect for constant and committed daily work, focusing on the importance of physical spaces (studio, lab, desk) and time spent. Distinct metaphors and word patterns illuminate the expressive focus on time, space and labor, highlighting a misfit between IP protection and the interviewees' aspirations or expectations for reward. Interviewees describe work with natural metaphors (e.g., harvesting or fishing), implying that the physical labor dignifies the output. This contrasts with IP, which does not reward labor or time. Interviewees translate their intellectual work into tangible output, comparing their work to real or personal property. Ironically, describing the value of their work in material terms strengthens the possessive impulse manifesting as property claims that are more robust than IP law provides. 3Making Do With A Mismatch chapter abstractChapter 3 describes the transitions from beginnings and everyday work to the business of developing a career in IP-rich fields. Interviewees provide diverse accounts of "making do" in creative and innovative industries. Although some interviewees describe direct reliance on specific forms of IP, many business models rely only indirectly on IP rights. Indeed, most interviewees embrace a system of IP that is "leaky" or misaligned insofar as IP is not the optimal avenue for achieving professional goals. Interviewees rarely describe the need to exercise the full range of exclusivity to which IP law entitles them. Although IP rights are both under-enforced and over-enforced at times, the most common strategy interviewees describe is to relax IP rights in order to achieve three common goals: a sustainable business, productive and satisfying relationships, and a measure of autonomy in life and work. 4Reputation chapter abstractChapter 4 describes how interviewees value reputation and attribution. When asked to describe some of the most contentious infractions during their career, interviewees describe reputational free riding, not economic free riding. And where the two intersect (which is often, especially in the trademark context), language of dignity and desert rather than economic harm dominates. Moreover, interviewees assert a desire for reputational control from IP law where it rarely exists. This Chapter analyzes the common accounts and metaphors that predominate in stories of reputational injury – stories of family, bodily integrity and life or death. Understandably, emotions run high in this context and the language seeking to justify the entitlement to reputational control often resemble stronger rights and obligations than IP (or neighboring regimes) provide. Over-protection in these situations can lead to misuse of IP laws or an increasing frustration from artists and scientists that IP law is irrelevant to them. 5Instruction: How Lawyers Harvest IP chapter abstractChapter Five describes how IP intervenes as an external force shaping and directing art and science. IP law affecting the work's on-going vitality is largely absent until a lawyer or business partner intervenes. IP arrives later for creative and innovative work trajectory and comes with a coach. Interviewees describe lawyers as disruptive and distracting, whereas the lawyer describes herself as bringing tools to facilitate work or business. When the lawyer is welcome, it is when she has translated IP into client interests resonating with everyday work or goals. The lawyer's varied characterizations of IP in terms the client accepts correlates to jurisprudential categories of legality (e.g., natural law, distributive justice). This invites the conclusion that IP's form and purpose, shaped by legal advice and client concerns, is not predetermined by legal rules or economic principles, but is constitutive of creativity and innovation and influenced by preexisting interests and motivations. 6Distribution: How IP Circulates chapter abstractDissemination is the ultimate goal of IP and a dominant reason interviewees pursue their work. Interviewees describe managing formal and informal agreements outlining the nature and scope of distribution. These agreements vary, from free and promiscuous sharing to circumscribed and discriminating price schemes. The propertization of the work (protecting it through exclusivity) is sometimes a precondition to fulfilling distribution goals, which include: earning a living, building relationships, sustaining professional autonomy and challenging core competencies. But interviewees describe how relaxed distribution networks satisfy most personal and professional goals. Indeed, strictly controlling dissemination – what IP law provides – is only one distributional method and not the most common. This chapter analyzes the interviews for accounts of the many forms dissemination takes and the reasons for engaging in it, unpacking the relationships between exclusive rights to distribution on the one hand and dissemination as a form of professional and personal success on the other. Conclusion: Conclusion chapter abstractThe book closes with a summary of how U.S. intellectual property regimes are misaligned with the needs of and hopes for those engaging in creative and inventive work. It further suggests reasons for and ways that the IP system should remain misaligned: to promote choice and flexibility for creators and innovators (whether or not they own or claim IP rights). But the conclusion also suggests places in our IP system where some relaxation of our IP system might usefully occur in order to facilitate core concerns of IP-rich fields and their audience as accounted for in the interview data.

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Book SynopsisAre innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the progress of science and the useful arts has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centTrade Review"Ultimately, The Eureka Myth does truly 'chart new terrain for our understanding of . . . scientific and artistic innovation and the intellectual property that purports to sustain them' (pp.5–6). Silbey offers unique insights into the work and motivations of creators and innovators and makes an original and thoughtful contribution to the discourse on intellectual property rights. The Eureka Myth would be a good addition to an academic law library collection, and it is a worthwhile read for anyone interested in intellectual law and policy."—Morgan M. Stoddard, Law Library Journal"The purpose of intellectual property laws is to promote the 'progress of science and useful arts' by securing property rights for authors and creators . . . Silbey articulates a compelling challenge to the incentive argument . . . A compelling counter to common assumption about IP law, backed by interesting anecdotal evidence, that will interest IP law scholars and practitioners . . . Recommended."—C. Fruin, CHOICE"The Eureka Myth substantially advances our understanding of why and how artists, scientists, businesses, and the lawyers who serve them use intellectual property as part of broader strategies, and how both economic and moral claims about creativity and IP match—and mismatch—with the formal law."—Rebecca Tushnet, Georgetown University Law Center"The Eureka Myth enriches our empirical understanding of the roles that intellectual property laws play in the lives of individual creators in scientific, and more literary and artistic fields. This provocative book explains why creators sometimes under-enforce their rights, and contrary to the common assumptions of IP specialists, it shows that individual creators rarely think of intellectual property rights as an inducement to be creative."—Pamela Samuelson, Berkeley Law School"The relationship between intellectual property law and human creativity is too often assumed rather than interrogated. By listening to creators, Silbey uncovers new and different reasons why people create and how intellectual property matters. This wise and luminous book is required reading for anyone who claims to understand IP law."—Julie E. Cohen, Georgetown University"At last—a book that provides the only sound basis for sound policy. Silbey did the hard work of asking those who create why they create and what they need to keep creating. In place of phony political bromides like 'I stand with artists,' we can finally hear what artists themselves say. We should listen."—Bill Patry, Senior Copyright Counsel, GoogleTable of ContentsContents and AbstractsIntroduction: Introduction chapter abstractThe introduction introduces the book as a qualitative empirical interview study with artists, scientists, engineers and business people in creative and innovative industries. It situates the book as an investigation into the motives and mechanisms of creative and innovative work and in the context of the theoretical and quantitative literature on IP and its success at achieving the "progress of science and the useful arts," a Constitutional goal. Based on analysis of the accounts from the interviews, the introduction describes how there exists a diversity of reasons for and mechanisms by which creative and innovative work gets made and distributed, only a small part of which is intellectual property law. This challenges core principles of IP law, especially an assumption that exclusivity through property rights is essential to stimulating art, science and technological progress. 1Inspired Beginnings chapter abstractChapter 1 traces the features of a specific story form, "the origin story" throughout the interviews. An "origin story" begins with an inspired moment that sets the person or organization on its path. Origin stories serves particular purposes. They explain how a culture or society began (e.g., Genesis). They infuse an aspect of everyday life with special significance by explaining why things are as they are (e.g., "you were born that way"). They guide how things should evolve in the future (e.g., "the agreement memorializes our future intentions"). Each interviewee explains a milestone in their professional life in terms of an origin story, referring to a past that has unique significance for making sense of the present. Chapter 1 canvasses these origin stories to explain how most describe the embarkation of their work in art or science mostly due to intrinsic or serendipitous forces, unrelated to IP. 2Daily Craft: Work Makes Work chapter abstractChapter 2 explores the varied ways the interviewees describe their daily work. Similarities in accounts coalesce around the dimensions of time, space and labor. Most articulate a common respect for constant and committed daily work, focusing on the importance of physical spaces (studio, lab, desk) and time spent. Distinct metaphors and word patterns illuminate the expressive focus on time, space and labor, highlighting a misfit between IP protection and the interviewees' aspirations or expectations for reward. Interviewees describe work with natural metaphors (e.g., harvesting or fishing), implying that the physical labor dignifies the output. This contrasts with IP, which does not reward labor or time. Interviewees translate their intellectual work into tangible output, comparing their work to real or personal property. Ironically, describing the value of their work in material terms strengthens the possessive impulse manifesting as property claims that are more robust than IP law provides. 3Making Do With A Mismatch chapter abstractChapter 3 describes the transitions from beginnings and everyday work to the business of developing a career in IP-rich fields. Interviewees provide diverse accounts of "making do" in creative and innovative industries. Although some interviewees describe direct reliance on specific forms of IP, many business models rely only indirectly on IP rights. Indeed, most interviewees embrace a system of IP that is "leaky" or misaligned insofar as IP is not the optimal avenue for achieving professional goals. Interviewees rarely describe the need to exercise the full range of exclusivity to which IP law entitles them. Although IP rights are both under-enforced and over-enforced at times, the most common strategy interviewees describe is to relax IP rights in order to achieve three common goals: a sustainable business, productive and satisfying relationships, and a measure of autonomy in life and work. 4Reputation chapter abstractChapter 4 describes how interviewees value reputation and attribution. When asked to describe some of the most contentious infractions during their career, interviewees describe reputational free riding, not economic free riding. And where the two intersect (which is often, especially in the trademark context), language of dignity and desert rather than economic harm dominates. Moreover, interviewees assert a desire for reputational control from IP law where it rarely exists. This Chapter analyzes the common accounts and metaphors that predominate in stories of reputational injury – stories of family, bodily integrity and life or death. Understandably, emotions run high in this context and the language seeking to justify the entitlement to reputational control often resemble stronger rights and obligations than IP (or neighboring regimes) provide. Over-protection in these situations can lead to misuse of IP laws or an increasing frustration from artists and scientists that IP law is irrelevant to them. 5Instruction: How Lawyers Harvest IP chapter abstractChapter Five describes how IP intervenes as an external force shaping and directing art and science. IP law affecting the work's on-going vitality is largely absent until a lawyer or business partner intervenes. IP arrives later for creative and innovative work trajectory and comes with a coach. Interviewees describe lawyers as disruptive and distracting, whereas the lawyer describes herself as bringing tools to facilitate work or business. When the lawyer is welcome, it is when she has translated IP into client interests resonating with everyday work or goals. The lawyer's varied characterizations of IP in terms the client accepts correlates to jurisprudential categories of legality (e.g., natural law, distributive justice). This invites the conclusion that IP's form and purpose, shaped by legal advice and client concerns, is not predetermined by legal rules or economic principles, but is constitutive of creativity and innovation and influenced by preexisting interests and motivations. 6Distribution: How IP Circulates chapter abstractDissemination is the ultimate goal of IP and a dominant reason interviewees pursue their work. Interviewees describe managing formal and informal agreements outlining the nature and scope of distribution. These agreements vary, from free and promiscuous sharing to circumscribed and discriminating price schemes. The propertization of the work (protecting it through exclusivity) is sometimes a precondition to fulfilling distribution goals, which include: earning a living, building relationships, sustaining professional autonomy and challenging core competencies. But interviewees describe how relaxed distribution networks satisfy most personal and professional goals. Indeed, strictly controlling dissemination – what IP law provides – is only one distributional method and not the most common. This chapter analyzes the interviews for accounts of the many forms dissemination takes and the reasons for engaging in it, unpacking the relationships between exclusive rights to distribution on the one hand and dissemination as a form of professional and personal success on the other. Conclusion: Conclusion chapter abstractThe book closes with a summary of how U.S. intellectual property regimes are misaligned with the needs of and hopes for those engaging in creative and inventive work. It further suggests reasons for and ways that the IP system should remain misaligned: to promote choice and flexibility for creators and innovators (whether or not they own or claim IP rights). But the conclusion also suggests places in our IP system where some relaxation of our IP system might usefully occur in order to facilitate core concerns of IP-rich fields and their audience as accounted for in the interview data.

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Book SynopsisThe intersection of Western intellectual property law and traditional knowledge in Africa.Trade Review"Boatema Boateng’s use of life histories to humanize discussions of law, policy, and the exigencies of modernity is as refreshing as the wide analytical net she casts to include the North American African diaspora and reflect upon key concerns such as cultural nationalism on both sides of the Atlantic." —Kwasi Konadu, City University of New York"This fine-grained historical and ethnographic inquiry into the social life of Ghanaian textiles is–quite simply and by several degrees of magnitude–the best study anywhere of how Western tropes of intellectual property fail to grasp the complexity of systems in which the traditional arts are practiced today. It tells a cautionary tale with urgent implications for IP scholarship, and it should be required reading for policy-makers in world capitals and at international organizations." —Peter Jaszi, American UniversityTable of ContentsIntroduction: Indexes of Culture and Power 1. The Tongue Does Not Rot: Authorship, Ancestors, and Cloth 2. The Women Don’t Know Anything! Gender, Cloth Production, and Appropriation 3. Your Face Doesn’t Go Anywhere: Cultural Production and Legal Subjectivity 4. We Run a Single Country: The Politics of Appropriation 5. This Work Cannot Be Rushed: Global Flows, Global Regulation Conclusion: Why Should the Copyright Thing Work Here? Acknowledgments Notes Bibliography Index

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Book SynopsisWith a focus on collage and appropriation art, essays exploring the legal ramifications of such practices in an age when private companies can own culture using copyright and trademark lawTrade Review“Spanning media from visual art to popular music, literature to culture jamming, this series of essays challenges the litigious environment in which copyright is used as a blunt weapon to prevent reinvention of existing works and the transformative process of reuse to inform the creative cycle of ideas. . . . Advanced undergraduates through faculty in art, art history, media studies, film, literature and music will appreciate the interdisciplinary treatment of collage.” - Cara List, ARLIS/NA Reviews“I believe this is an important book, specifically because the issues discussed affect much of our future artistic creations; as mentioned this has profound social and cultural ramifications. As such, this book should be at minimum included as a recommended text in a variety of applicable tertiary education courses. The stakes are too high to ignore the erosion of artistic freedom brought about by ignorant and greed driven application of copyright law.” - Rob Harle, Leonardo“Where the most prominent works on the subject tend to dwell on digital’s infinite capacity to reproduce and share itself freely and its current kowtowing to corporate rights management, this book begins by situating appropriation art and collage in the earlier recesses of the twentieth century with Walter Benjamin, the Surrealists, and Dada. Along the way, it touches upon zine culture, audiotape collage, street art, and new wave science fiction; it critiques the international outflows of copyright-subject culture and then it critiques the debate itself.” - Allie Curry, Rain Taxi“Communication is much like a work of art—it is a process of copying, repeating and varying what we hear. There is no originator or owner of that which shapes our very being, and Cutting Across Media demonstrates how placing restrictions on creative commentary can stifle our cultural development.”—Vicki Bennett, aka People Like Us“Reflecting both McLeod’s spirited cultural critique and Kuenzli’s interdisciplinary approach to the arts, Cutting Across Media explores diverse forms of collage and appropriation in music, painting, publishing, spoken broadcasts, poetry, and narrative. In this collage of essays, readers are challenged to rethink notions of intellectual property and to consider the complex political and cultural issues that accompany collage and appropriation aesthetics.” -- Christine Masters Jach * American Book Review *“What separates this volume from other contemporary works around sampling and intellectual property law is that research in this area rarely attempts tomarry aesthetic and political concerns so overtly. . . . [A]n edited collection that successfully manages to explore the political and artistic imperatives that inform the practice of collage and appropriation.” -- James Meese * Media International Australia *“I believe this is an important book, specifically because the issues discussed affect much of our future artistic creations; as mentioned this has profound social and cultural ramifications. As such, this book should be at minimum included as a recommended text in a variety of applicable tertiary education courses. The stakes are too high to ignore the erosion of artistic freedom brought about by ignorant and greed driven application of copyright law.” -- Rob Harle * Leonardo Reviews *“Spanning media from visual art to popular music, literature to culture jamming, this series of essays challenges the litigious environment in which copyright is used as a blunt weapon to prevent reinvention of existing works and the transformative process of reuse to inform the creative cycle of ideas. . . . Advanced undergraduates through faculty in art, art history, media studies, film, literature and music will appreciate the interdisciplinary treatment of collage.” -- Cara List * ARLIS/NA Reviews *“Where the most prominent works on the subject tend to dwell on digital’s infinite capacity to reproduce and share itself freely and its current kowtowing to corporate rights management, this book begins by situating appropriation art and collage in the earlier recesses of the twentieth century with Walter Benjamin, the Surrealists, and Dada. Along the way, it touches upon zine culture, audiotape collage, street art, and new wave science fiction; it critiques the international outflows of copyright-subject culture and then it critiques the debate itself.” -- Allie Curry * Rain Taxi *Table of ContentsI Collage, Therefore I Am: An Introduction to Cutting Across Media / Kembrew McLeod and Rudolf Kuenzli 1 Digital Mana: On the Source of the Infinite Proliferation of Mutant Copies on Contemporary Culture / Marcus Boon 24 Copyrights and Copywrongs: An Interview with Siva Vaidhyanathan / Carrie McLaren 38 Das Plagiierenwerk: Convolute Uii / David Tetzlaff 51 PhotoStatic Magazine and the Rise of the Casual Publisher / Lloyd Dunn 57 Plagiarism&reg174; 101: An Appropriated Oral History of the Tape-beatles / Kembrew McLeod 76 Ambiguity and Theft / Joshua Clover 84 Where Does Sad News Come From? / Douglas Kahn 94 Excerpts from "Two Relationships to a Cultural Public Domain" / Negativland 117 Everybody's Got Something to Hide Except for Me and My Lawsuit: William S. Burroughs, DJ Danger Mouse, and the Politics of Grey Tuesday / Davis Schneiderman 132 How Copyright Law Changed Hip-Hop: An Interview with Public Enemy's Chuck D and Hank Shocklee / Kembrew McLeod 152 Hip-Hop Meets the Avant-Garde: A Cease and Desist Letter from Attorneys Representing Philip Glass / Warner Special Products 158 Getting Snippety / Philo T. Farnsworth 160 Crashing the Spectacle: A Forgotten History of Digital Sampling, Infringement, Copyright Liberation, and the End of Recorded Music / Kembrew McLeod 164 Billboard Liberation: A Photo Essay / Craig Baldwin 178 On the Seamlessly Nomadic Future of Collage / Pierre Joris 185 Cultural Sampling and Social Critique: The Collage Aesthetic of Chris Ofili / Lorraine Morales Cox 199 Remixing Cultures: Bartók and Kodály in the Age of Indigenous Cultural Rights / Gábor Vályi 219 A Day to Sing: Creativity, Diversity, and Freedom of Expression in the Network Society / Jeff Chang 237 Visualizing Copyright, Seeing Hegemony: Toward a Meta-Critique of Intellectual Property / Eva Hemmungs Wirtén 252 Collage as Practice and Metaphor in Popular Culture / David Banash 264 Assassination Weapons: The Visual Culture of New Wave Science Fiction / Rob Latham 276 Free Culture: A Conversation with Jonathan Lethem / Kembrew McLeod 290 The Ecstasy of Influence: A Plagiarism / Jonathan Lethem 298 Bibliography 327 Contributors 341 Index 345

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Book SynopsisWith a focus on collage and appropriation art, essays exploring the legal ramifications of such practices in an age when private companies can own culture using copyright and trademark lawTrade Review“Spanning media from visual art to popular music, literature to culture jamming, this series of essays challenges the litigious environment in which copyright is used as a blunt weapon to prevent reinvention of existing works and the transformative process of reuse to inform the creative cycle of ideas. . . . Advanced undergraduates through faculty in art, art history, media studies, film, literature and music will appreciate the interdisciplinary treatment of collage.” - Cara List, ARLIS/NA Reviews“I believe this is an important book, specifically because the issues discussed affect much of our future artistic creations; as mentioned this has profound social and cultural ramifications. As such, this book should be at minimum included as a recommended text in a variety of applicable tertiary education courses. The stakes are too high to ignore the erosion of artistic freedom brought about by ignorant and greed driven application of copyright law.” - Rob Harle, Leonardo“Where the most prominent works on the subject tend to dwell on digital’s infinite capacity to reproduce and share itself freely and its current kowtowing to corporate rights management, this book begins by situating appropriation art and collage in the earlier recesses of the twentieth century with Walter Benjamin, the Surrealists, and Dada. Along the way, it touches upon zine culture, audiotape collage, street art, and new wave science fiction; it critiques the international outflows of copyright-subject culture and then it critiques the debate itself.” - Allie Curry, Rain Taxi“Communication is much like a work of art—it is a process of copying, repeating and varying what we hear. There is no originator or owner of that which shapes our very being, and Cutting Across Media demonstrates how placing restrictions on creative commentary can stifle our cultural development.”—Vicki Bennett, aka People Like Us“Reflecting both McLeod’s spirited cultural critique and Kuenzli’s interdisciplinary approach to the arts, Cutting Across Media explores diverse forms of collage and appropriation in music, painting, publishing, spoken broadcasts, poetry, and narrative. In this collage of essays, readers are challenged to rethink notions of intellectual property and to consider the complex political and cultural issues that accompany collage and appropriation aesthetics.” -- Christine Masters Jach * American Book Review *“What separates this volume from other contemporary works around sampling and intellectual property law is that research in this area rarely attempts tomarry aesthetic and political concerns so overtly. . . . [A]n edited collection that successfully manages to explore the political and artistic imperatives that inform the practice of collage and appropriation.” -- James Meese * Media International Australia *“I believe this is an important book, specifically because the issues discussed affect much of our future artistic creations; as mentioned this has profound social and cultural ramifications. As such, this book should be at minimum included as a recommended text in a variety of applicable tertiary education courses. The stakes are too high to ignore the erosion of artistic freedom brought about by ignorant and greed driven application of copyright law.” -- Rob Harle * Leonardo Reviews *“Spanning media from visual art to popular music, literature to culture jamming, this series of essays challenges the litigious environment in which copyright is used as a blunt weapon to prevent reinvention of existing works and the transformative process of reuse to inform the creative cycle of ideas. . . . Advanced undergraduates through faculty in art, art history, media studies, film, literature and music will appreciate the interdisciplinary treatment of collage.” -- Cara List * ARLIS/NA Reviews *“Where the most prominent works on the subject tend to dwell on digital’s infinite capacity to reproduce and share itself freely and its current kowtowing to corporate rights management, this book begins by situating appropriation art and collage in the earlier recesses of the twentieth century with Walter Benjamin, the Surrealists, and Dada. Along the way, it touches upon zine culture, audiotape collage, street art, and new wave science fiction; it critiques the international outflows of copyright-subject culture and then it critiques the debate itself.” -- Allie Curry * Rain Taxi *Table of ContentsI Collage, Therefore I Am: An Introduction to Cutting Across Media / Kembrew McLeod and Rudolf Kuenzli 1 Digital Mana: On the Source of the Infinite Proliferation of Mutant Copies on Contemporary Culture / Marcus Boon 24 Copyrights and Copywrongs: An Interview with Siva Vaidhyanathan / Carrie McLaren 38 Das Plagiierenwerk: Convolute Uii / David Tetzlaff 51 PhotoStatic Magazine and the Rise of the Casual Publisher / Lloyd Dunn 57 Plagiarism&reg174; 101: An Appropriated Oral History of the Tape-beatles / Kembrew McLeod 76 Ambiguity and Theft / Joshua Clover 84 Where Does Sad News Come From? / Douglas Kahn 94 Excerpts from "Two Relationships to a Cultural Public Domain" / Negativland 117 Everybody's Got Something to Hide Except for Me and My Lawsuit: William S. Burroughs, DJ Danger Mouse, and the Politics of Grey Tuesday / Davis Schneiderman 132 How Copyright Law Changed Hip-Hop: An Interview with Public Enemy's Chuck D and Hank Shocklee / Kembrew McLeod 152 Hip-Hop Meets the Avant-Garde: A Cease and Desist Letter from Attorneys Representing Philip Glass / Warner Special Products 158 Getting Snippety / Philo T. Farnsworth 160 Crashing the Spectacle: A Forgotten History of Digital Sampling, Infringement, Copyright Liberation, and the End of Recorded Music / Kembrew McLeod 164 Billboard Liberation: A Photo Essay / Craig Baldwin 178 On the Seamlessly Nomadic Future of Collage / Pierre Joris 185 Cultural Sampling and Social Critique: The Collage Aesthetic of Chris Ofili / Lorraine Morales Cox 199 Remixing Cultures: Bartók and Kodály in the Age of Indigenous Cultural Rights / Gábor Vályi 219 A Day to Sing: Creativity, Diversity, and Freedom of Expression in the Network Society / Jeff Chang 237 Visualizing Copyright, Seeing Hegemony: Toward a Meta-Critique of Intellectual Property / Eva Hemmungs Wirtén 252 Collage as Practice and Metaphor in Popular Culture / David Banash 264 Assassination Weapons: The Visual Culture of New Wave Science Fiction / Rob Latham 276 Free Culture: A Conversation with Jonathan Lethem / Kembrew McLeod 290 The Ecstasy of Influence: A Plagiarism / Jonathan Lethem 298 Bibliography 327 Contributors 341 Index 345

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Book SynopsisDraws on interviews with more than 100 musicians, managers, lawyers, journalists, and scholars to critique the music industrys approach to digital sampling.Trade Review“[A] very readable layman’s guide to the legal framework underpinning the American sampling regime. . . . [A] great addition to the growing library of works showing that the endless addition of expanded property rights does nothing to ‘promote the progress’ of music, stifles expression and serves only to let Jimmy Page buy another Aleister Crowley first edition.” - Peter Shapiro, The Wire“Do you ever listen to records like the Beastie Boys' Paul’s Boutique or Public Enemy’s Fear of a Black Planet and wonder why they sound so different from today’s hip-hop? It turns out one of the biggest reasons may be copyright law. . . . McLeod and DiCola always keep an eye on the bigger picture. They are as interested in the cultural as the legal, and the book succeeds greatly in broad terms as a history of music sampling.” - John McLeod, Flagpole“Creative License is for musicians, music fans and anyone interested in the history of hip-hop, sampling, and mash-ups, as well as for those who are curious about the evolution of US copyright and licensing laws. It’s also incredibly timely, given the present climate of our musical culture, when the internet has made sampling—in every medium—a way of life.” - Christel Loar, PopMatters“Creative License is recommended not just for music geeks or music business geeks, but for anyone interested in law, the arts or both. Well written and treated with care, McLeod and DiCola’s work should be read on college campuses around the country.” - Stephon Johnson, Amsterdam News“Creative License is a fantastic and deep look at the business, art, culture, ethics, history and future of musical sampling. The authors—respected academics/writers/filmmakers—undertook to interview a really amazingly wide spectrum of people involved in music production, and what emerges is a clear picture of how legal rulings, historical accidents, musical history, good intentions, naked greed, and conflicts of all kind came to produce our current, very broken system for musical sampling. . . . It's a fascinating and important read.” - Cory Doctorow, Boing-Boing“Readers whose experience started with ‘Can’t Touch This,’ matured with The Gray Album and ended with All Day can expect to have their knowledge substantially broadened. Music junkies, intellectual property lawyers and cultural critics will journey into ‘enemy’ territory. The authors give voices and personalities to sampling artists, holders of publishing and reproduction rights, and the sampled artists who have become a natural resource for the other two groups.“ - David A.M. Goldberg, Honolulu Weekly“Kembrew McLeod and Peter DiCola have written a masterful exploration of the complex creative, financial, and legal issues raised by digital sampling. Their book should be required reading for anyone with a serious interest in music copyright.”—Jessica Litman, author of Digital Copyright“The fact that a seemingly simplistic artistic notion—of collecting, meshing, and arranging previously recorded sounds—would eventually result in a sharp and comprehensive book, Creative License, and companion film, Copyright Criminals, is mind boggling. This study is a work of art in itself, so solid that it may leave no other choice but to be sampled as well.”—Chuck D, co-founder of Public Enemy“Creative License provides a solid explanation of music copyright process and practice and the law for anyone from the legal novice to the full-time music lawyer.” -- Eric Farber * California Lawyer *“A methodical yet accessible exploration that addresses concerns from several perspectives and invites spirited discussion. Essential for students of intellectual property law, aspiring recording artists or producers, and hip-hop history buffs.” -- Neil Derksen * Library Journal *“With the high-cost, litigation-aware environment that has emerged around the art of sampling, many artists simply won’t sample any more. As the authors of this excellent book acknowledge. . . . This is not simply a book for people with an interest in hip hop production. It is a must for anyone who is interested in copyright stories so absurd that they reveal the contradictions and tensions at play when unclear and convoluted laws put creativity and commerce on a collision course.” -- Martin James * Times Higher Education *“Creative License is a fantastic and deep look at the business, art, culture, ethics, history and future of musical sampling. The authors—respected academics/writers/filmmakers—undertook to interview a really amazingly wide spectrum of people involved in music production, and what emerges is a clear picture of how legal rulings, historical accidents, musical history, good intentions, naked greed, and conflicts of all kind came to produce our current, very broken system for musical sampling. . . . It's a fascinating and important read.” -- Cory Doctorow * Boing-Boing *“Creative License is for musicians, music fans and anyone interested in the history of hip-hop, sampling, and mash-ups, as well as for those who are curious about the evolution of US copyright and licensing laws. It’s also incredibly timely, given the present climate of our musical culture, when the internet has made sampling—in every medium—a way of life.” -- Christel Loar * PopMatters *“[A] very readable layman’s guide to the legal framework underpinning the American sampling regime. . . . [A] great addition to the growing library of works showing that the endless addition of expanded property rights does nothing to ‘promote the progress’ of music, stifles expression and serves only to let Jimmy Page buy another Aleister Crowley first edition.” -- Peter Shapiro * The Wire *“Do you ever listen to records like the Beastie Boys' Paul’s Boutique or Public Enemy’s Fear of a Black Planet and wonder why they sound so different from today’s hip-hop? It turns out one of the biggest reasons may be copyright law. . . . McLeod and DiCola always keep an eye on the bigger picture. They are as interested in the cultural as the legal, and the book succeeds greatly in broad terms as a history of music sampling.” -- John McLeod * Flagpole *“Readers whose experience started with ‘Can’t Touch This,’ matured with The Gray Album and ended with All Day can expect to have their knowledge substantially broadened. Music junkies, intellectual property lawyers and cultural critics will journey into ‘enemy’ territory. The authors give voices and personalities to sampling artists, holders of publishing and reproduction rights, and the sampled artists who have become a natural resource for the other two groups.“ -- David A.M. Goldberg * Honolulu Weekly *“Creative License is recommended not just for music geeks or music business geeks, but for anyone interested in law, the arts or both. Well written and treated with care, McLeod and DiCola’s work should be read on college campuses around the country.” -- Stephon Johnson * Amsterdam News *“As someone who has studied the subject of digital sampling at some length, I am impressed with and grateful for this book by Kembrew McLeod and Peter DiCola. I am delighted to recommend Creative License, an engaging, provocative, and thoroughly researched study of a practice that is equally celebrated, maligned, and misunderstood.” -- Mark Katz * ARSC Journal *“A smart, impeccably researched, clearly written book that guides the reader through the murky quagmire of musical copyright law and normative industry practices with wit and style.” -- Gilbert B. Rodman * Cultural Studies *Table of ContentsAcknowledgments vii Introduction 1 1. The Golden Age of Sampling 19 2. A Legal and Cultural History of Sound Collage 36 3. The Competing Interests in Sample Licensing 75 4. Sampling Lawsuits: Hip-Hop Goes to Court 128 5. The Sample Clearance System: How It Works (and How It Breaks Down) 148 6. Consequences for Creativity: An Assessment of the Sample Clearance System 187 7. Proposals for Reform 217 Conclusion 258 Appendix 1: Interviewee List 269 Appendix 2: Interview Questions 273 Notes 283 Bibliography 303 Index 313

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Book SynopsisLaikwan Pang offers a complex critical analysis of creativity, creative industries, and the impact of Western copyright laws on creativity in China.Trade Review"Laikwan Pang's thoroughly engaging study sets a new standard for analysis of the 'creative economy,' not just in China, but in every country where government officials have elevated the pursuit of creativity into industrial policy."—Andrew Ross, author of Fast Boat to China"Making strategic use of the antagonistic role often played by China in the new global economy, Laikwan Pang raises fundamental questions about the hegemonic discourse of creativity as anchored in EuroAmerican traditions of rights, authorship, private property ownership, and reproduction. An admirably ambitious—and creative—book!"—Rey Chow, author of Sentimental Fabulations, Contemporary Chinese Films“The book raises key questions for those interested in understanding the problematic relationship between intellectual property rights and the creative economy: the fetishisation of ‘creativity’ within discourses surrounding these rights, the contentious role of copying in artistic practice and cultural change, and tensions between cultural diversity and global intellectual property frameworks, to name but a few.... [T]his book contains a great deal that is valuable and interesting.” -- Lucy Montgomery * Times Higher Education *“This volume is, to a significant extent, an attempt to recast the debate over intellectual property rights (IPR) in the context of a broadened definition of creativity and the creative acts of invention and innovation. . . . Readers interested in cultural analysis/critique of the "new economy" would find this text valuable. . . . Recommended.” -- S.J. Gabriel * Choice *“Pang presents a nuanced and wide-ranging reflection on creativity.” -- Carlos Rojas * Journal of Asian Studies *“Laikwan Pang offers readers valuable insights into the creative industries in the People’s Republic of China against the backdrop of its rise as a global actor…. [T]he discussion remains broad in scope and informative. It provides many interesting insights such as comparative references to policy choices in other countries, or the important concept of Shanzhai culture in China.” -- Rostam J. Neuwirth and Zhijie Chen * Journal of Cultural Policy *“Pang provokes alternative readings of shanzhai culture as not mediated exclusively by market forces, and this provides a starting point for discussions about cultural creativity, production and circulation in the global creative economy. Specialists of Chinese contemporary art, tourism, cinema and popular culture will find Pang’s framing of the historical development of these various culture industries both interesting and informative.” -- Ling-Yun Tang * The China Journal *Table of ContentsAcknowledgments vii Introduction 1 Part I. Understanding Creativity 1. Creativity as a Problem of Modernity 29 2. Creativity as a Product of Labor 47 3. Creativity as a Construct of Rights 67 Part II. China's Creative Industries and IPR Offenses 4. Cultural Policy, Intellectual Property Rights, and Cultural Tourism 89 5. Cinema as a Creative Industry 113 6. Branding the Creative City with Fine Arts 133 7. Animation and Transcultural Signification 161 8. A Semiotics of the Counterfeit Product 183 9. Imitation or Appropriation Arts? 203 Notes 231 Bibliography 261 Index 289

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Book SynopsisCovering the basics of digital licensing for librarians, this third edition provides a freshened look at all the key issues as well as updated sample agreement clauses. Giving library professionals and students the understanding and the tools needed to negotiate and organise license agreements, Harris uses a plain-language approach that demystifies the process.

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Book SynopsisAddresses complex legal issues at the intersection of copyright and information literacy. The book provides detailed explanations of the issues and considerations and offers prescriptive tips and advice for teaching and applying the information.Table of Contents Foreword, Kenneth D. Crews I. Copyright Librarians’ Role and Advocacy Chapter 1. “Kids These Days”…May Know More About Copyright Than You — Nancy Sims Chapter 2. Copyright Law’s Role in Advocacy and Education for Open Access Policies on Campus — Colin B. Lukens, Shannon Kipphut-Smith, and Kyle K. Courtney Chapter 3. Fear and Fair Use: Addressing the Affective Domain — Sara R. Benson Chapter 4. The Origins and Future of Fair Use/Fair Dealing Week: Why Should Libraries, Museums, and Other Cultural Institutions Participate? — Kyle K. Courtney and Krista L. Cox Chapter 5. An Exercise in Contradiction? The Role of Academic Copyright Librarians — Mélanie Brunet and Amanda Wakaruk Chapter 6. Why Every Librarian Should Know About Copyright: Creating Copyright Training Opportunities for Librarians at Your Institution — Sarah A. Norris, Barbara Tierney, and Lily Dubach II. Education Chapter 7. Copyright Self-Study: How to Know What You Know, What You Don’t Know, and How to Discover What You Need to Know Next — Allison Nowicki Estell Chapter 8. “Information Has Value” and Beyond: Copyright Education within and around the Framework — Gesina A. Phillips Chapter 9. An Active Learning Approach to Teaching Copyright Essentials — Malina Thiede and Jennifer Zerkee Chapter 10. Online Classrooms: Is the TEACH Act Enough? — Carla S. Myers Chapter 11. But I Cited It! Best Practices in Teaching the One-Shot Copyright Instruction Session for Undergraduate Students — Melanie T. Kowalski and Lisa A. Macklin Chapter 12. Thesis and Dissertation Copyright Instruction for Grad Students: What They Should Know and Why They Should Care — Andrea L. Schuler Chapter 13. “Caring about Sharing”: Copyright and Student Academic Integrity in the University Learning Management System — Roger Gillis III. Research and Policy Chapter 14. Copyright Essentials and Information Policy (Policy Implications for Copyright Law) — Carrie Russell Chapter 15. Seeing the Whole Picture: Insights into Copyright Risk Literacy in Higher Education from Enterprise Risk Management — Alexandra Kohn Chapter 16. Social Media and the Ethics of Scholarship: A Call for the Assessment and Communication of Rights Information, Provenance, and Context — Rina Elster Pantalony Chapter 17. Law and Literacy in Non-Consumptive Text Mining: Guiding Researchers Through the Landscape of Computational Text Analysis — Rachael G. Samberg and Cody Hennesy Chapter 18. Whose Stuff is it Anyway? Adopting Strategies for US Orphan Works — Pia M. Hunter IV. International Issues Chapter 19. The International Copyright Regime—Just Enough to Make You Cringe — Bing Wang Chapter 20. From Fair Dealing to Fair Use: How Universities Have Adapted to the Changing Copyright Landscape in Canada — Mark Swartz, Ann Ludbrook, Stephen Spong, and Graeme Slaght Chapter 21. Interlibrary Loan and Copyright in Italy: A Case Study of the Bocconi University Library — Anna Vaglio Author Biographies

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Book SynopsisGuan Hong Tang expertly highlights how the multidimensional concept of public interest has influenced the development and limitations of Chinese copyright. Comparing Chinese copyright law with the USA and the UK, topical issues are presented in this unique book including those arising within education, library and archives sectors.Trade ReviewGuan Hong Tang's book offers a fresh, insightful and scholarly treatment of the relationship between the law of copyright and the public interest in China. Copyright legislation in China is a novelty, dating from 1990, and Dr Tang provides a vivid overview of the historical and cultural tensions between traditional Chinese Confucianism and the very concept of copyright, tensions which more recent legislation and case law seek to address. --- Gillian Davies, Hogarth Chambers, UKTable of ContentsContents: Introduction 1. The Opening Up to the World of a Once Isolated Nation 2. Authorship, Access and the Public Interest 3. Administrative Copyright Enforcement – the Authorship Public Interest 4. Public Education, Copyright and the Public Interest 5. Public Libraries, Copyright and the Public Interest 6. Public Archives, Public Copyright and the Public Interest Conclusion Appendix: Timeline of Chinese History Bibliography Index

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Book SynopsisThis book discusses the problems of applicable law in international copyright infringement cases and examines the solutions proposed to them in the recent projects by the American Law Institute and the European Max Planck Group for Conflict of Laws and Intellectual Property.Table of ContentsContents: Preface 1. Introduction General Part: Status Quo 2. Main Rules 3. Evaluation and Alternatives Specific Part: ALI and CLIP Proposals 4. Introduction to the ALI and CLIP Proposals 5. Lex Loci Protectionis and the Territoriality Principle 6. De Minimis Rule 7. Ubiquitous Infringements Rule 8. Initial Ownership 9. Party Autonomy 10. Conclusions Bibliography Index

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Book SynopsisAccess and Control in Digital Humanities explores a range of important questions about who controls data, who is permitted to reproduce or manipulate data, and what sorts of challenges digital humanists face in making their work accessible and useful. Contributors to this volume present case studies and theoretical approaches from their experience with applications for digital technology in classrooms, museums, archives, in the field and with the general public. Offering potential answers to the issues of access and control from a variety of perspectives, the volume acknowledges that access is subject to competing interests of a variety of stakeholders. Museums, universities, archives, and some communities all place claims on how data can or cannot be shared through digital initiatives and, given the collaborative nature of most digital humanities projects, those in the field need to be cognizant of the various and often competing interests and rights that shape the Table of Contents1. Introduction: access and control in digital humanitiesShane HawkinsPart I. Access, Control, and DH in Academia2. From Stone to Screen: the built-in obsolescence of digitizationKaitlyn Solberg, Lisa Tweten, and Chelsea A. M. Gardner3. Digital humanities and a new research culture: between promoting and practicing open research dataUrszula Pawlicka-DegerPart II. Networks of Access and Control4. Computational ontologies for accessing, controlling, and disseminating knowledge in the cultural heritage sector: a case studyJohn Roberto Rodríguez5. Digital approaches to the ‘Big Ancient Mediterranean’Ryan Horne6. Questioning authority: creation, use, and distribution of linked data in digital humanitiesLindsay Kistler Mattock & Anu ThapaPart III. Access, Control and Immersive Media7. Visuality as historical experience: immersive multi-directional narrative in the MIT Visualizing Cultures ProjectEllen Sebring8. Architectonic connections: virtual reconstruction to disseminate understanding of South and Southeast Asian templesDavid Beynon and Sambit Datta9. Postscript on the Ctrl+Alt society: protocols for locative mediaBrian GreenspanPart IV. Access, Control, and Indigenous Knowledge10. Cross-cultural collaborations in the digital world: a case study from the Great Lakes Research Alliance’s Knowledge Sharing DatabaseHeidi Bohaker, Lisa Truong, and Kate Higginson11. Issues and intersections of Indigenous knowledge protection and copyright for DHKim Paula NayyerPart V. Access, Control, and the Law12. The open access spectrum: redefining the access discourse for the electronic editions of literary worksSetsuko Yokoyama13. Ownership, copyright, and the ethics of the unpublishedEmily C. Friedman14. Digital humanities research under United States and European copyright laws: evolving frameworksErik Ketzan and Paweł Kamocki15. Trust is good, control is better? The GDPR and control over personal data in digital humanities researchPaweł Kamocki

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Book SynopsisArtificial intelligence (AI) now infiltrates our culture. After a couple of difficult winters, AI today is a word on everybody's lips, and it attracts everyone's attention regardless of whether they are experts or not. From Apple's Siri to Amazon's Alexa, Tesla's auto-driving cars to facial recognition systems in CCTV cameras, Netflix's film offering services to Google's search engine, we live in a world of AI goods. The advent of AI-powered technologies increasingly affects people's lives across the globe. As a tool for productivity and cost-efficiency, AI also shapes our economy and welfare. AI-generated designs and works are becoming more popular. Today, AI technologies can generate several intellectual creations. Fashion is one of the industries that AI can profoundly impact. AI tools and devices are currently being used in the fashion industry to create fashion models, fabric and jewellery designs, and clothing. When we talk about AI-generated desiTable of ContentsIntroduction: AI effectChapter 1: Artificial intelligence and fashionChapter 2: Artificial intelligence and EU design protectionChapter 3: Artificial intelligence and EU copyright protectionChapter 4: Authorship of artificial intelligence: global solutions and disjunctionsChapter 5: A post-modern approach to AI-generated fashion design

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Book SynopsisThis book employs scholarly analysis to ground practical tools for applying the EU Trade Mark law (EUTM) functionality refusal grounds to address business needs when registering trade marks consisting of product characteristics. The study comprehensively examines the absolute grounds for a refusal of registration of functional signs under EUTM. It interprets the functionality refusal grounds through objective tests, focusing on the pro-competition rationale of denying trade mark exclusivity on product features that are technically or aesthetically important for competitorsâ ability to trade in alternative products. The work takes a comparative approach looking at the US trade dress functionality doctrine, and a law and economics perspective on the role of trade marks and brands in the marketplace. It explores how competition rules related to market definition and the substitutability of products, as well as marketing and design findings related to branding and aesthetics, could be integrated into the legal assessment of EUTM functionality. The volume will be of interest to academics and researchers working in the areas of Intellectual Property Law, Trade Mark and Design Law, EU Law, Comparative Law, and Branding.

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Book SynopsisThe Art Collecting Legal Handbook, now in its third edition, is a cross-border legal guide to the ever-changing maze of rules and regulations when acquiring, moving, and sharing works of art and antiquities.Trade Review‘Art dealers are still all too often perceived as international social butterflies who mingle with the super rich hoping to conclude a transaction over a bubbly glass of champagne. This couldn’t be furthest from the truth. Far beyond the usual clichés, art professionals are responsible by law not only of the artwork itself (authenticity, pedigree, provenance, and title) but also of the legal structure used throughout a transaction, including VAT (or any other applicable taxes), customs procedures, and full documentation according to the jurisdictions of the different countries involved. The professional liabilities are simply too important nowadays that legal due diligence has become a cornerstone of our daily work. The Art Collecting Legal Handbook provides us with insightful answers covering the key questions in our field and offering a pragmatic overview of the applicable law in multiple jurisdictions.' -- Thomas Seydoux and Emilie Mermillod, Seydoux & Associés Fine Art, France‘To effectively operate on an international scale, it is crucial to have a thorough understanding of all relevant legal jurisdictions, encompassing aspects such as the acquisitions made in good faith, safeguarding cultural assets, and loans for public exhibitions. The Art Collecting Legal Handbook has been a consistent source of reliable and cohesive information for my team and me, making it my recommendation to any collector or institution in need of valuable insights prior to seeking legal advice.’ -- Jean Claude Gandur, Fondation Gandur pour l’Art, Switzerland‘The third edition of The Art Collecting Legal Handbook is a readable, expert analysis of the key trends and issues underpinning art business today. Covering everything from restitution to NFTs in over 25 of the most important jurisdictions in the art market, there could not be a more authoritative guide for collectors and other art world professionals navigating a path through the post-Covid art world.’ -- Gareth Harris, The Art Newspaper, UK‘One of the most fascinating and enjoyable aspects of Art Law as a legal discipline is its sheer breadth and diversity. That breadth exists primarily due to the wide range of legal and ethical considerations which can affect art. The discipline of art law is also constantly evolving as a result of the meeting of art and technology and by shifting public attitudes to cultural property. Bruno Boesch and Massimo Sterpi's excellent The Art Collecting Legal Handbook is a practical Handbook which celebrates the multi-faceted discipline of art law while also providing a comprehensive and comprehensible guide to lawyers and non-lawyers. Presented in a question and answer format, leading art lawyers throughout the world provide answers to a series of key questions on Contract Law, Consumer Protection, Cultural Property Protection, Taxation, Compliance and NFTs. As an international auction house general counsel this handbook is my go-to resource for guidance on questions of international art law.’ -- Martin Wilson, Chief Legal Counsel, Phillips Auctioneers, UKTable of ContentsContents: Introduction to the Third Edition of The Art Collecting Legal Handbook viii PART I CURRENT THEMES 1 The same ever changing art market 2 Christine Bourron, CEO, Pi-eX Ltd 2 NFT, illusion or reality in the art world? 10 Sydney Chiche-Attali, Chiche-Attali Avocats, Paris Bar 3 Finding one’s way in the indirect tax maze 18 Neil Millen, Group Indirect Tax Director, Christie’s PART II NATIONAL 4 Argentina 27 Juan Javier Negri, Negri & Pueyrredon Abogados, Buenos Aires, Argentina 5 Australia 43 Janet Whiting, Jessica Laidman and Duncan Willis, Gilbert + Tobin, Melbourne, Australia 6 Austria 63 Peter M. Polak, Peter Pichlmayr and Thomas Muehlboeck, Vienna, Austria 7 Belgium 84 Lucie Lambrecht and Lucy Ryan, Lambrecht Law Office, Brussels, Belgium 8 Brazil 105 Marcos Ludwig, Valdir Rocha and Gustavo Fróes, Veirano Advogados, Rio de Janeiro, Brazil 9 Canada 120 Brian W. Gray and Ian K. Bies, Toronto, Canada 10 China 140 Angell XI Minjie, Jingtian & Gongcheng, Shanghai, China 11 England and Wales 166 Adrian Parkhouse and Isabel Paintin, Farrer & Co, London, UK 12 Finland 183 Rainer Hilli, Roschier Attorneys Ltd., Helsinki, Finland 13 France 200 Jean-François Canat, Philippe Hansen, Line-Alex Glotin and Laure Assumpçao, UGGC Avocats, Paris, France 14 Germany 217 Dr. Friederike Gräfin von Brühl, M.A., K&L Gates LLP, Berlin, Germany 15 Greece 231 Marina Markellou, lawyer and Assistant Professor, University of Groningen, the Netherlands and Galateia Kapellakou, lawyer and Adjunct Lecturer, University of Patras, Greece 16 Hong Kong 249 Jezamine Fewins, Lewis Silkin, Hong Kong 17 Hungary 262 Dr. Enikő Karsay, SBGK Attorneys at Law, Budapest, Hungary 18 India 281 Lata Krishnamurti and Aarti Sharma 19 Israel 300 Gil Brandes, Nachitz Brandes Amir, Tel Aviv, Israel 20 Italy 315 Massimo Sterpi and Francesca Di Lazzaro, Gianni & Origoni, Rome, Italy 21 Japan 335 Koichi Nakatani, Momo-O, Matsuo & Namba, Tokyo, Japan 22 The Netherlands 351 Laurens Kasteleijn, Art Law Services and Pieter Ariëns Kappers, Bavelaar & Bavelaar Advocaten, Amsterdam, the Netherlands 23 Russia 370 Alekseyev Maxim, Egorova Kira, Ostashenko Maria, Novikova Elena, Kostyuchenko Elizaveta and Presnikov Nikita, ALRUD Law Firm, Moscow, Russia 24 Singapore 390 Lam Chung Nian, Wong Partnership LLP, Singapore 25 Spain 410 Rafael Mateu and Patricia Fernandez Lorenzo, Ramón Y Cajal Abogados, Madrid, Spain 26 Switzerland 428 Antoine Boesch and Nicolas Moreno, Poncet Turrettini, Geneva, Switzerland 27 Turkey 448 Murat Volkan Dülger, Dülger Law Firm, Istanbul, Turkey 28 United States – California 462 Robert Darwell, Sheppard Mullin Richter & Hampton LLP, Los Angeles, USA 29 United States – Federal/New York 479 Daniel A. Schnapp and Vincent Nguyen, Nixon Peabody LLP, New York, USA 30 United States – Florida 498 Diego R. Figueroa Rodriguez, Of Counsel, DLA Piper, Miami, USA

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Book SynopsisTrade Review‘This book offers a fresh perspective regarding the interpretation of the right of communication to the public in EU copyright law by looking into the constitutional blocks of EU law – autonomous legal concepts, and their role in shaping the scope of this right. It clearly determines what type of authorisation is required for widening of the audience in digital realities, by use of different communication models.The result, an excellent and very practical operational model.’ -- Jan Gunnar Rosén, Stockholm University, SwedenTable of ContentsContents: PART I CONTEXTUAL FRAMEWORK 1. Introduction to The Autonomous Legal Concept of Communication to the Public 2. The right of communication to the public, including the right of making available to the public, in a copyright context PART II HARMONISATION 3. The concept of harmonisation 4. Legislative harmonisation on an international level through multilateral international agreements 5. Legislative harmonisation on the EU level 6. Interpretive harmonisation through the use of autonomous legal concepts: autonomy in form 7. Interpretive harmonisation through the use of autonomous legal concepts: autonomy in substance PART III COMMUNICATION MODELS 8. Application of communication models 9. Concluding remarks Index

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Book SynopsisTrade Review‘In this volume he edited as ATRIP’s President, Jens Schovsbo turns the analytical spotlight on a key aspect of intellectual property rights, their exploitation, often via licenses and other contractual arrangements. The book offers useful ideas to improve the balance between IP owners and users, and those in between.’ -- Daniel Gervais, Vanderbilt University, USTable of ContentsContents: The exploitation of intellectual property rights: An overview 1 Jens Schovsbo 1 Regulating online content moderation: Taking stock and moving ahead with procedural justice and due process rights 5 Orit Fischman-Afori 2 Transparency of algorithmic decision-making: Limits posed by IPRs and trade secrets 28 Olga Kokoulina 3 Rebalancing intellectual property rights: A reflection on Australian IPRs, consumer and environmental rights 57 Leanne Wiseman and Kanchana Kariyawasam 4 Use requirements of patent laws during pandemic – ‘litmus test’? 83 Manchikanti Padmavati 5 Access to undisclosed know-how 112 Joy Y. Xiang 6 Sampling the ‘soul of music’ in a post-Pelham world: An interdisciplinary perspective 137 Kalpana Tyagi 7 Copyright reversion: Debates, data, and directions 161 Joshua Yuvaraj 8 Remunerating authors and performers: Are statutory fair compensation provisions sufficient? 187 Irina Eidsvold-Tøien 9 Limiting freedom of contract: Next step for copyright treaties? 216 David Felipe Alvarez-Amezquita and Florelia Vallejo-Trujillo Index

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Book SynopsisFully revised and updated, Archival Storytelling second edition is a timely, pragmatic look at the use of audiovisual materials available to filmmakers and scholars, from the earliest photographs of the 19th century to the work of media makers today. Whether you're a top Hollywood filmmaker or a first-time documentarian, at some point you are going to want to find, use, and license third-party materialsimages, audio, or music that you yourself did not createto use them in your work. This book explains what's involved in researching and licensing visuals and music, and exactly what media makers need to know when filming in a world crowded with rights-protected images and sounds. Filled with insights from filmmakers, archivists, and intellectual property experts, this second edition defines key terms such as copyright, fair use, public domain, and orphan works. It guides readers through the complex archival process and challenges them to become not only archival users Trade ReviewPraise for Archival Storytelling, 1st edition"The excellent new resource, Archival Storytelling, is really two books in one: a detailed how-to guide for filmmakers on the process of researching, acquiring, and clearing rights to archival materials; and a deeper exploration of the implications, ethical and creative, of using these materials to tell new stories."—Grace Lile, American Archivist (The Society of American Archivists)"Kenn Rabin and Sheila Curran Bernard have written an important book, one that will serve as the definitive text on archive-based filmmaking for years to come…I have been working with film and video archives for over twenty years, and I understand the hunger for this information in the production communities. This book delivers the information, but also reinforces why the archive-based program, done right, is a critical part of our cultural conversation. — Matthew White, Filmmaker"This book is a great resource because it surveys the entire landscape from ethical/creative considerations to fair use to changes in the digital age, and the focus is always on the importance of telling stories."— Ingrid Kopp, Shooting People"I am often asked how to work with archival materials. Now I have an easy answer: Get a copy of Archival Storytelling and read it. Everything’s there — how to use archival materials, acquire them, and most of all, how to think about them. Archival Storytelling is indispensable."— David Grubin, Filmmaker"This is it, the book that will save you thousands of dollars and untold hours of frustration. It will be the single best purchase your production company will make. Archival Storytelling clearly explains the entire process of researching, acquiring and licensing archival footage and music. Included are time-tested tips and techniques for efficiently managing the work flow and negotiating rights."— Ann Petrone, Archival Supervisor "One of the best — and most needed — texts I have seen in a while. The challenge is to keep what is a fairly technical aspect of filmmaking interesting without compromising the quality and depth of information. The authors have done an exceptional job in this regard… There is the strong sense of being in the presence of experienced filmmakers and researchers who accept that while there are standard practices, archival use and intellectual property laws, etc. are contingent fields in which each case must be assessed and dealt with on its merits."— Bruce Sheridan, Chair, Film & VideoDepartment, Columbia College"I’ve been making historical documentaries for many years, yet I learned new things from this book. This is the definitive guide for archival research for documentary filmmakers. An invaluable resource."— Mark Jonathan Harris, Filmmaker and Distinguished Professor,School of Cinematic Arts, University of Southern CaliforniaPraise for Bernard’s Documentary Storytelling"An extremely useful book for those who want to know more about how to make a documentary film is Sheila Curran Bernard's comprehensive Documentary Storytelling: Creative Nonfiction on Screen… It stresses the use of narrative techniques in documentary production, provides examples of treatments, and includes interviews with a number of important filmmakers."— Bill Nichols, Introduction to Documentary, 3rd ed.With the availability of high-quality affordable cameras and editing equipment, documentary filmmakers today enjoy a freedom in shaping their films that their counterparts a decade ago couldn’t have imagined. As the new aesthetic is shaped, Sheila Curran Bernard’s brilliant and effective Documentary Storytelling … aims to guide the Errol Morrises of tomorrow with great advice and practical knowledge that every documentarian would benefit from.— BackStageWith all the buzz over blockbuster docs, Focal Press serves up a perfectly timed winner in a much-neglected area. True to the nature of the beast, the book is more about filmmaking as a whole, and how and where storytelling weaves into the overall process. It succeeds in covering every aspect without belabouring any. Not only does Bernard write from the viewpoint of an award-winning filmmaker (she’s a writer, director, and producer), but the last 100 pages include extensive interviews with a wide range of acclaimed documentarians.— Canadian Screenwriter (Writers Guild of Canada)[A] pragmatic exploration of the role of narrative in nonfiction filmmaking . . . In writing this volume Bernard demonstrates to documentarians how story can be more effectively incorporated into every level of nonfiction filmmaking from conception to development and pre-production, in the field and in the editing room. Her discussions incorporate many examples from contemporary documentaries to illustrate a variety of salient points.— Documentary (International Documentary Association)While documentaries are nonfiction, they are certainly not objective, and even the smallest choices in writing, filming, interviewing, narrating, or scoring can drastically alter the perspective of the film, and in turn, the audience. Bernard is keenly aware of the power of persuasive images, and her insistence on complexity and integrity is a consistent theme throughout the book.— The Independent (Association of Independent Video and Filmmakers)Table of ContentsAcknowledgments CHAPTER 1 Introduction PART 1 • ABOUT ARCHIVAL MATERIALS CHAPTER 2 Still and motion picture photography: a brief history CHAPTER 3 Recorded sound: a brief history CHAPTER 4 User beware: evaluating the archival record CHAPTER 5 Evidence on film: A conversation with Rick Prelinger PART 2 • working with ARCHIVAL MATERIALS CHAPTER 6 Finding what you need CHAPTER 7 Should you hire a professional? CHAPTER 8 Organizing and ordering third-party materialsCHAPTER 9 Creative and ethical considerations CHAPTER 10 The power of eyewitness accounts: A conversation with Roberta GrossmanPART 3 • RIGHTS AND LICENSES CHAPTER 11 Introduction to rights and licenses CHAPTER 12 Public domain CHAPTER 13 Fair useCHAPTER 14 Fair dealing, moral rights, and more: A conversation with Hubert Best CHAPTER 15 Licensing visuals CHAPTER 16 Licensing music PART 4 • Additional MaterialCHAPTER 17 AfterwordAbout the authors Index

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Book SynopsisFrances Quinn is an award-winning journalist who specialises in legal affairs. She is also the co-author of a number of popular student legal texts in the Elliott and Quinn series (Pearson).Table of ContentsAcknowledgements Table of cases Table of European legislation Table of statutory instruments Table of statutes Section 1 LAW AND THE LEGAL SYSTEM Chapter 1 How law is made Chapter 2 The legal system Chapter 3 Criminal courts and procedure Chapter 4 Civil courts and procedure Chapter 5 Human rights and English law Section 2 WRITING ABOUT THE COURTS Chapter 6 Contempt of court Chapter 7 Access to the courts Chapter 8 General reporting restrictions Chapter 9 Reporting restrictions in criminal cases Chapter 10 Reporting restrictions concerning children Chapter 11 Reporting the family court Chapter 12 Reporting inquests Chapter 13 Reporting tribunals, inquiries and insolvency Chapter 14 Challenging reporting restrictions Section 3 DEFAMATION AND MALICIOUS FALSEHOOD Chapter 15 Defamation Chapter 16 Defences and remedies for defamation Chapter 17 Malicious falsehood Section 4 PRIVACY, CONFIDENTIALITY AND COPYRIGHT Chapter 18 Breach of confidence Chapter 19 Privacy Chapter 20 Trespass, harassment and unethical behaviour Chapter 21 Protecting sources and source material Chapter 22 Data protection Chapter 23 Copyright Section 5 CODES OF PRACTICE AND ETHICS Chapter 24 IPSO and the Editors’ Code of Practiceof the Press Complaints Commission Chapter 25 The Ofcom Code Section 6 REPORTING GOVERNMENT AND BUSINESS Chapter 26 Official secrets Chapter 27 Reporting local government Chapter 28 Reporting elections Chapter 29 Freedom of information Section 7 RACE, RELIGION AND PUBLIC ORDER Chapter 30 Race and religion Glossary

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Book SynopsisWhat is the role of literary writing in democratic society?Building upon his previous work on the emergence of literature, Trevor Ross offers a history of how the public function of literature changed as a result of developing press freedoms during the period from 1760 to 1810. Writing in Public examines the laws of copyright, defamation, and seditious libel to show what happened to literary writing once certain forms of discourse came to be perceived as public and entitled to freedom from state or private control. Ross argues thatwith liberty of expression becoming entrenched as a national valuethe legal constraints on speech had to be reconceived, becoming less a set of prohibitions on its content than an arrangement for managing the public sphere. The public was free to speak on any subject, but its speech, jurists believed, had to follow certain ground rules, as formalized in laws aimed at limiting private ownership of culturally significant works, maintaining civility in public diTrade ReviewWriting in Public offers a brilliant synthesis of a massive set of interrelated topics: how the public role of literature gradually and radically shifted; its legal, social and literary causes; and its long-term implications for the public. For those grappling with the question of what literature's public functions were or were supposed to do, Ross offers both an insightful and provoking guide.—Andrew Benjamin Bricker, Ghent University, Review of English StudiesWriting in Public makes an ambitious argument with ramifications both for our reading of eighteenth-century literature and our contemporary understanding of literature as a form of public speech. One key strength of Ross's book is the way that highly specific examples are engagingly narrated and then open out into broad historical claims . . . [S]cholars in all areas of eighteenth century studies, as well as historians of free speech and the law, will find it a valuable resource.—Hannah Doherty Hudson, Eighteenth-Century FictionWhat Ross styles 'a cultural history of ideas about literature's place in the public sphere,' is timely and worth reading . . . This strikingly original volume is largely juridical; while Ben Jonson, Daniel Defoe, and Alexander Pope have their cameos, Writing in Public devotes itself to jurists and their legal reasoning as they debated intellectual property, perpetual copyright, the liberty of criticism, seditious libel, and so on.—University of Toronto QuarterlyTable of ContentsAcknowledgments Introduction: Writing in Public Part I. Copyright1. Literature in the Public Domain 2. The Fate of Style in an Age of Intellectual Property Part II. Defamation and Privacy3. What Does Literature Publicize? 4. How Criticism Became Privileged Speech: The Case of Carr v. Hood (1808) Part III. Seditious Libel5. Literature and the Freedom of Mind Epilogue: Unacknowledged Legislators Notes Index

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Book SynopsisDynamic Fair Dealing presents a range of insightful and provocative essays that rethink our relationship to Canadian fair dealing policy.Table of ContentsINTRODUCING Dynamic Fair Dealing: Creating Canadian Digital Culture Rosemary J. Coombe (York University, Canada Research Chair in Law, Communication and Culture), Darren Wershler (Concordia University Research Chair in Media & Contemporary Literature) and Martin Zeilinger (Banting Postdoctoral Fellow in Law and Culture, York University). A. THE CANADIAN COPYRIGHT CONTEXT I. Provocations: Fair Dealing as Right, Speech, Duty, and Practice * Copyright and Freedom of Expression: Fair Dealing Between Work and Play Bita Amani (Queens University, Law School). * From the Right to Copy to Practices of Copying Marcus Boon (York University, English). II. Recognizing the Canadian Public Domain * The Canadian Public Domain: What, Where, and to What End? Carys Craig (York University, Osgoode Law School). * Dynamic Fair Dealing with Orphan Works: Lessons from "Real" Propert Ren Bucholz (Lenczner Slaght Royce Smith Griffin LLP ) * Publicly Funded, Then Locked Away: The Work of the Canadian Broadcasting Corporation Kyle Asquith (Western University, Information & Media Studies). III. Infrastructures for Fair Dealing * Resisting Enclosure: Licenses, Authorship, and the Commons John Maxwell (Simon Fraser University, Publishing). * Weaving an Open Web: Innovation and Ethics in the Virtual Commons Eliot Che (Web Designer, Cultural Shifts). * "This Content is Not Available in Your Region": Geo-Blocking Culture in Canada Pete Urquhart (Wilfrid Laurier University, Communications) and Ira Wagman (Carleton University, Journalism & Communication). * Net Neutrality and the Threat to Open Cultural Expression Steve Anderson (OpenMedia.ca). IV. Experiments in Pedagogy and Diversity * Copyright and Access to Media for People with Perceptual Disabilities J. P. Udo (Ryerson University, Centre for Learning Technologies) and Deborah Fels (Ryerson University, Centre for Learning Technologies). * If You're Asking, It's not Fair Dealing: Animating Canadian Copyright Issues in a 'Read-Write' Classroom Matt Soar (Concordia University, Communications). * Hacking Education: How Openness and Sharing Can Transform Learning Alec V. Couros (IT Coordinator, University of Regina, Faculty of Education). B. MEDIATIONS I. Digital Publishing * Open Access Publishing and Academic Research Rowland Lorimer (Simon Fraser University, Canadian Centre for Studies in Publishing). * Open Access Mandates and the 'Fair Dealing' Button Arthur Sale (University of Tasmania, Computer Science), Marc Couture (Universite du Quebec a Montreal, Tele-universite), Eloy Rodrigues (Universidade do Minho, Portugal, Documentation Services), Leslie Carr (University of Southampton, School of Electronics and Computer Science) and Stevan Harnad (Universite du Quebec a Montreal, Canada Research Chair in Cognitive Science). II. Principles and Practices of Heritage Management * The Evolution of Cultural Heritage Ethics via Human Rights Norms Rosemary J. Coombe (Canada Research Chair in Law, Communication and Culture, York University) Nicole Aylwin (York University, Communication and Culture). * Indigenous Cultural Heritage in the Age of Technological Reproducibility: Towards a Postcolonial Ethic of the Public Domain George Nicholas (Simon Fraser University, Anthropology). * Cultural Diversity: A Central Dimension of Canadian Cultural Heritage? Nicole Aylwin (York University, Communication and Culture). III. The Work of Poetics * Parodists' Rights and Copyright in a Digital Canada Graham Reynolds (Dalhousie University, Law). * Robin Hood of the Avant-Garde Kenneth Goldsmith (University of Pennsylvania, Creative Writing). * Remixing bpNichol: 'Direct Dealing' and Recombinatory Art Practices Justin Stephenson (Trace Pictures Animation and Design). C. MAKING OUR DIGITAL HERITAGE A DYNAMIC ONE I. Documenting Pasts and Assessing Virtual Futures * Copyright Dramas: Theatre Archives and Collections Online David Meurer (York University, Communication and Culture). * Streaming a Digital Scream: Archiving Toronto's Barbaric Yawp Suzanne Zelazo (Ryerson University, English). * The NFB, Canada's Experimental Documentary Tradition and Found Futures Martin Zeilinger (York University, Communication and Culture) and ElHorwatt (YorkUniversity, Film and Media). II. Recombinant Creativity * i. Chipmusic, Out of Tune: Crystal Castles and the Misappropriation of Licensed Sound Martin Zeilinger (York University, Communication and Culture). * 'My Real'll Make Yours a Rental': Hip Hop and Canadian Copyright Alexandra Boutros (Wilfrid Laurier University, Cultural Studies). * Friction over Fan Fiction Grace Westcott (Westcott Law, Toronto). * Child-Generated Content: Children's Authorship and Interpretive Practices in Digital Gaming Cultures Sara M. Grimes (University of Toronto, Faculty of Information). AFTERWORD: REFLECTIONS Deal with it Laura Murray (Queens University, English). Pull up the stakes and fill in the ditches: the materiality of intellectual property Darin Barney (McGill University, Art History and Communications). REFERENCES

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Book SynopsisVeit Erlmann examines the role of copyright law in post-apartheid South Africa and its impact on the South African music industry, showing how copyright is inextricably entwined with race, popular music, postcolonial governance, indigenous rights, and the struggle to create a more equitable society.Table of ContentsAcknowledgments ix Introduction. “We Do Not Speak the Same Language” 1 1. Aspirations and Apprehensions: Toward an Anthropology in Law 16 2. The Past in the Present: Copyright, Colonialism, and “The Lion Sleeps Tonight” 62 3. Assembling Tradition, Representing Indigeneity: The Making of the Intellectual Property Laws Amendment Act 28 of 2013 109 4. Circulating Evidence: The Truth about Piracy 174 5. Which Collective? The Infrastructure of Royalties 232 Conclusion. How to Speak the Same Language, or at Least Try To 301 Appendix. Southern African Copyright: The Basics 309 Notes 315 Bibliography 345 Index 371

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Book SynopsisVeit Erlmann examines the role of copyright law in post-apartheid South Africa and its impact on the South African music industry, showing how copyright is inextricably entwined with race, popular music, postcolonial governance, indigenous rights, and the struggle to create a more equitable society.Table of ContentsAcknowledgments ix Introduction. “We Do Not Speak the Same Language” 1 1. Aspirations and Apprehensions: Toward an Anthropology in Law 16 2. The Past in the Present: Copyright, Colonialism, and “The Lion Sleeps Tonight” 62 3. Assembling Tradition, Representing Indigeneity: The Making of the Intellectual Property Laws Amendment Act 28 of 2013 109 4. Circulating Evidence: The Truth about Piracy 174 5. Which Collective? The Infrastructure of Royalties 232 Conclusion. How to Speak the Same Language, or at Least Try To 301 Appendix. Southern African Copyright: The Basics 309 Notes 315 Bibliography 345 Index 371

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Book SynopsisA look at First Amendment coverage of music, non-representational art, and nonsenseThe Supreme Court has unanimously held that Jackson Pollock's paintings, Arnold Schöenberg's music, and Lewis Carroll's poem Jabberwocky are unquestionably shielded by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting the freedom of speech, even though none involves what we typically think of as speechthe use of words to convey meaning. As a legal matter, the Court's conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as speech for constitutional purposes? What does the difficulty of that question suTrade Review"For someone who does have a deep and abiding interest in [the subject of free speech], or even an interest in the First Amendment in general, this very detailed, well-reasoned work would be an invaluable resource." * Journal of Intellectual and Freedom Privacy *"Free Speech Beyond Words is a deep dive into the First Amendments reach. [It] is rewarding in its meticulous method of analysis. First Amendment scholars will want it as a valuable resource." * Journalism and Mass Communication Quarterly *"This is a valuable introduction to a field that will become only more significant with the development of new media, such as virtual reality and digital mapping, that could merit First Amendment protection." * Publishers Weekly *"The authors of Free Speech Beyond Words turn to other forms of expression that are not literally speech in order to discern some stopping point to prevent tagging everything as speech. [One] lesson to be gleaned from this fine book is that a vibrant First Amendment culture requires a demanding degree of open-mindedness." * Political Science Quarterly *""This thoughtful book takes on the topic of First Amendment coverage of three under-theorized kinds of content: music, non-representational art and nonsense. Even though most everyone assumes these kinds of content are covered by the First Amendment, why should that be so? The book's authors, in the course of addressing many interesting examples, persuasively articulate their doctrinal, philosophical, aesthetic and linguistic approaches to justify such coverage. They thus make important contributions to First Amendment jurisprudence. I confess I am personally very interested in their important project: it has been thirty years since my Wisconsin Law Review article--which they are kind enough to cite--explored the First Amendment and aesthetic justifications for covering non-representational art. I recommend this well-written book not only to First Amendment scholars but to everyone interested in the First Amendment." " -- Sheldon Nahmod,University Distinguished Professor, IIT Chicago-Kent College of Law"Free Speech Beyond Words is a genuine intellectual feast. By its serious consideration of topics at the periphery of most analyses of the First Amendment, such as abstract art or nonsensical speech, it provides deeply illuminating analyses of the wherefores and whys of protecting expression against governmental regulation. In addition, perhaps because of the topics, the essays are simply fun to read as well." -- Sanford Levinson,author of An Argument Open to All: Reading the Federalist in the 21st Century"Most people assume that the First Amendment protects art and music even when they have nothing to do with politics or public issues, and even when they don't use words. Explaining why is another matter. This gem of a book takes us deep into theories of free expression to answer a question that is far more difficult than it first appears." -- Jack Balkin,Yale Law School

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