Copyright law Books

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 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 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 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 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 SynopsisOwning the Masters provides the first in-depth history of sound recording copyright. It is this form of intellectual property that underpins the workings of the recording industry. Rather than being focused on the manufacture of goods, this industry is centred on the creation, exploitation and protection of rights. The development and control of these rights has not been straightforward. This book explores the lobbying activities of record companies: the principal creators, owners and defenders of sound recording copyright. It addresses the counter-activity of recording artists, in particular those who have fought against the legislative and contractual practices of record companies to claim these master rights for themselves. In addition, this book looks at the activities of the listening public, large numbers of whom have been labelled pirates' for trespassing on these rights. The public has played its own part in shaping copyright legislation. This is an essential subject forTrade ReviewCopyright is a tool used by record labels to extract value from recording artists, but it is also the mechanism that allows artists to profit from their music. In Owning the Masters, Richard Osborne deftly threads a historical narrative between these two positions. This book is indispensable reading for anyone trying to understand the role of copyright in the world today. * David Arditi, Associate Professor of Sociology and Anthropology, The University of Texas at Arlington, USA, and author of Getting Signed: Record Contracts, Musicians and Power in Society *Table of ContentsAcknowledgements Introduction 1. Mechanizing 2. Performing 3. Producing 4. Expanding 5. Justifying 6. Networking 7. Owning Glossary Timeline Bibliography Index

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Book SynopsisThis monograph conducts a comprehensive analysis of the EU right of communication to the public, one of the exclusive rights under EU copyright law, and provides an alternative framework for its interpretation and application. The present state of the law is unsatisfactory; there is uncertainty in the acquis communautaire and courts at the EU and domestic levels have struggled to apply the right. Therefore, the book identifies the problems with the existing right of communication to the public and proposes recommendations for reform. In addition to reforming the scope of the right of communication to the public, the jurisdiction and applicable law in relation to the right are analysed and changes are recommended. Thus, the book covers both the scope and practicalities of a coherent and effective reform of the right. In light of the continuing development and accompanying tribulations with this right at the EU level, this book provides a topical and timely analysis that will be of interest to academics and practitioners working on EU copyright law. Cited in Opinion of Advocate General Henrik Saugmandsgaard Øe, joined Cases C-682/18 and C-683/18, Frank Peterson v Google LLC, YouTube LLC, YouTube Inc., Google Germany GmbH and Elsevier Inc. v Cyando AG, ECLI:EU:C:2020:586, Court of Justice of the European Union, 16 July 2020.Trade ReviewThis monograph offers a refreshing look at the right of communication to the public, making some ambitious proposals for reform, the utility of which is demonstrated particularly in the final chapter. The book would therefore appeal to anyone with an interest in communication to the public, and an open mind to how this messy area of law might be tidied up! It would be particularly useful for legislators, policy makers, judges, researchers looking at online copyright infringement in the EU. -- Hayleigh Bosher * The IPKat *Table of ContentsIntroduction I. Subject-Matter II. Significance and Contribution III. Structure IV. Scope 1. Justifying EU Copyright Law: Constructing a Normative Framework for the Right of Communication to the Public I. Introduction II. Constructing a Normative Framework for the EU Right of Communication to the Public III. Proportionality IV. Certainty V. Conclusion – Developing the EU Right of Communication to the Public 2. Journey from Rafael Hoteles to Renckhoff : Exploring the EU Right of Communication to the Public I. Introduction II. Making Sense of the EU Communication to the Public Right III. Understanding the Legal Reasoning of the CJEU in the Communication to the Public Cases IV. Conclusion 3. The Problems with the Right of Communication to the Public I. Introduction II. Broad Interpretation III. ‘Communication’ IV. The Making Available Aspect V. Reception in Public VI. ‘New Public’ VII. ‘Knowledge’ and ‘for Profit’ VIII. Conclusion 4. Structuring the Reformed Right of Communication to the Public Under EU Copyright Law I. Introduction II. The Reformed Right of Communication to the Public III. Reconciling the Reformed Right with the Existing Copyright Framework IV. Completing the Harmonisation of the Communication to the Public Right V. Conclusion 5. Locating and Establishing Responsibility for the Act of Communication to the Public I. Introduction II. Where Does the Act of Communication to the Public Occur? III. Conclusion 6. Enforcing the Reformed Right of Communication to the Public: Choice of Jurisdiction I. Introduction II. Establishing Jurisdiction in EU Copyright Cases – The Current Approach III. Establishing Jurisdiction for the Reformed Communication to the Public Right IV. Conclusion 7. Enforcing the Reformed Right of Communication to the Public: Choice of Applicable Law I. Introduction II. Establishing Applicable Law in EU Copyright Cases – The Current Approach III. Establishing Applicable Law for the Reformed Communication to the Public Right IV. Conclusion 8. Applying the Reformed Right of Communication to the Public: Case Studies I. Introduction II. Rafael Hoteles – Acts of Cable Retransmission III. FAPL v KC Leisure – Acts of Reception in Public IV. ITV v TVCatchup – Acts of Internet Retransmission (‘Simulcasting’) V. Svensson – Hyperlinks VI. GS Media – Hyperlinks VII. Filmspeler – Media Players VIII. Ziggo – Torrent Files IX. VCAST – Time Shifting X. Embedded Hyperlinks XI. Direct to Download Hyperlinks XII. Circumventing Access Restrictions XIII. Conclusion Conclusion I. The Recommendations II. Implications III. Final Comments

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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 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 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 Google Book Search Library Project, announced in December 2004, raised important questions about infringing reproduction and fair use under copyright law. Google planned to digitise, index, and display "snippets" of print books in the collections of five major libraries without the permission of the books'' copyright holders, if any. This book examines the important issues that were raised by the outcome of the Google Library Project, and analyse possible future cases which may raise similar questions about infringing reproduction and fair use. The authors also discuss hyperlinking, in-line linking, caching, framing and thumbnails and how they relate to a copyright holder''s traditional rights to control reproduction, display, and distribution of protected works. This book consists of public documents which have been located, gathered, combined, reformatted, and enhanced with a subject index, selectively edited and bound to provide easy access.

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Book SynopsisTechnological developments related to the Internet benefit consumers who want convenient ways to view and hear information and entertainment content on a variety of electronic devices. The global nature of the Internet offers expanded commercial opportunities for intellectual property (IP) rights holders but also increases the potential for copyright and trademark infringement. Piracy of the content created by movie, music, and software companies and sales of counterfeit pharmaceutical drugs and consumer products negatively impact the American economy and can pose risks to the health and safety of U.S. citizens. This book discusses legislative approaches to online piracy and copyright infringement.

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Book SynopsisThe body of pre-1972 sound recordings is vast. Commercially released "popular" recordings come most readily to mind -- from Frank Sinatra and Ella Fitzgerald to the Beatles and the Rolling Stones. But pre-1972 commercial recordings encompass a wide range of genres: ragtime and jazz, rhythm and blues, gospel, country and folk music, classical recordings, spoken word recordings and many others. Some remain popular; others have long since faded from memory and are of interest only to scholars. There are, in addition, many unpublished recordings such as journalists'' tape, oral histories, and ethnographic and folklore recordings. There are also recordings of old radio broadcasts, which were publicly disseminated by virtue of the broadcast, but in many cases are technically unpublished under the standards of the U.S. Copyright Act. These recordings are a rich aspect of this country''s cultural heritage, and it is important to ensure that they will be preserved and accessible for researchers and scholars, as well as to future generations. This book provides an overview of the Copyright Office''s research and public outreach concerning the legal treatment of pre-1972 sound recordings. It explains the process by which the Office undertook its research; describes the comments received as well as the views expressed at the public meetings; and explains the Office''s recommendations and the reasons for them.

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Book SynopsisThe United States has the most innovative and influential music culture in the world, but much of the legal framework for licensing of music dates back to the early part of the twentieth century, long before the digital revolution in music. Our licensing system is founded on a view that the music marketplace requires a unique level of government regulation, much of it reflected in statutory licensing provisions of the Copyright Act. The Copyright Office believes that the time is ripe to question the existing paradigm for the licensing of musical works and sound recordings and consider meaningful change. This book provides an analysis, discusses challenges and recommendations for improvement of the copyright laws in the music marketplace

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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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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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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