Copyright law Books

Book SynopsisTable of Contents§ 7 Sonderveranstaltungen -- I. Einleitung -- II. Allgemeines -- III. Verbotene Sonderveranstaltungen (§ 7 Abs. 1) -- IV. Zulässige Sonderangebote (§ 7 Abs. 2) -- V. Winter- und Sommerschlußverkäufe (§ 7 Abs. 3 Nr. 1) -- VI. Jubiläumsverkäufe (§ 7 Abs. 3 Nr. 2) -- VII. Anhang -- § 8 Räumungsverkauf -- I. Einleitung -- II. Wesen des Räumungsverkaufs -- III. Räumungsverkaufsgründe -- IV. Durchführung der Räumungsverkäufe -- V. Verbotstatbestände -- VI. Verbote nach Durchführung von Räumungsverkäufen (§ 8 Abs. 6) -- § 12 Die Bestechung von Angestellten -- I. Allgemeines -- II. Der Tatbestand der aktiven Bestechung (§ 12 Abs. 1) -- III. Der Tatbestand der passiven Bestechung (Bestechlichkeit, § 12 Abs. 2) -- IV. Strafverfolgung und Rechtsfolgen

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Book SynopsisGuillaume Heuguet is a Professor of Contemporary Art and Art History at ESACM (Clermont-Ferrand), France, and the Editor-in-Chief of Audimat, a French journal of music criticism. He holds a PhD in media studies from the School of Higher Studies in Communication (CELSA), Sorbonne University, France, and has edited for Paris' Philharmonic Penser les musiques populaires, the first French reader on popular music studies.

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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 SynopsisEverything a writer needs to know about the law. This accessible, reader-friendly handbook will be an invaluable resource for authors, agents, and editors in navigating the legal landscape of the contemporary publishing industry. Drawing on a wealth of experience in legal scholarship and publishing, Jacqueline D. Lipton provides a useful legal guide for writers whatever their levels of expertise or categories of work (fiction, nonfiction, or academic). Through case studies and hypothetical examples, Law and Authors addresses issues of copyright law, including explanations of fair use and the public domain; trademark and branding concerns for those embarking on a publishing career; laws that impact the ways that authors might use social media and marketing promotions; and privacy and defamation questions that writers may face. Although the book focuses on American law, it highlights key areas where laws in other countries differ from those in the United States. Law and Authors will prepare every writer for the inevitable and the unexpected.Trade Review“Law and Authors is a very well-written book that should satisfy the needs of most writers in understanding the basics of publishing law.” * Publishing Research Quarterly *Table of ContentsAcknowledgments Introduction Setting the Stage: A Primer on the Law for Writers 1. Copyright Basics Ownership, Registration, the Public Domain, and Creative Commons 2. Know Your (Copy)Rights Understanding Your Rights and Protecting Your Work 3. Writing for Someone Else Ghostwriting, Freelancing, “IP,” and Works for Hire 4. Fair Use Basics 5. Specific Fair Uses Parody, Fanfiction, and Educational Use 6. Contracts with Agents and Publishing Houses 7. Self-Publishing Contracts 8. Protecting Your Author Brand Trademark Basics 9. Writing about Real People Privacy Law 10. Damaging Someone’s Reputation Defamation Law 11. Marketing and Social Media Websites, Blogs, Book Trailers, Social Networking, and More 12. Photographs, Illustrations, and Other Artwork 13. Finding Additional Help Notes 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 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 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 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 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 SynopsisThis timely book presents an interdisciplinary feminist critique of intellectual property (IP) laws in music. Informed by the lived experience of women and gender-diverse people in the music industry, Metka PotoÄnik deconstructs the alleged gender-neutrality of IP laws.

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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 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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Book SynopsisIn Copyright's Highway, one of the nation's leading authorities on intellectual property law offers an engaging, readable, and intelligent analysis of the effect of copyright on American politics, economy, and culture. From eighteenth-century copyright law, to the "celestial jukebox," to the future of copyright issues in the digital age, Paul Goldstein presents a thorough examination of the challenges facing copyright owners and users. In this fully updated second edition, the author expands the discussion to cover the latest developments and shifts in copyright law for a new audience of scholars and students. This expanded edition introduces readers to present and future debates regarding copyright law and policy, including a new chapter on the technological shift in emphasis from producer to consumer and the legal shift from exclusive rights to exceptions and limitations to those rights. From Gutenberg to Google Books, Copyright's Highway, Second Edition, offers a concise, essential resource for the internet generation.Trade Review"Paul Goldstein can make the complex issues of copyright law accessible and captivating without sacrificing the nuances of law, politics, and custom that underlie them. With this second edition of Copyright's Highway, Goldstein adds timely narratives, such as the Google Book Project, to illustrate the evolving nature of copyright law and its importance to our everyday lives." -- Marshall Leaffer * Indiana University Maurer School of Law *"A much-awaited new edition of Paul Goldstein's landmark synthesis of the history and policies of US copyright law. Goldstein's comprehensive and deep understanding of the legal, economic, and technological interests at stake thoroughly illuminates this sensitive and accessible study. A new concluding chapter meticulously and critically examines the challenges of 'competing with free' and the landscape-altering consequences of copyright's encounter with internet platforms." -- Jane C. Ginsburg * Columbia University *"Copyright's Highway now an updated and expanded second edition, is one of the most brilliant, lucid, and readable explanations of what is increasingly America's national treasure: our intellectual property. Highly recommended." -- Scott Turow * The Authors Guild *"Paul Goldstein's eloquent call for a more human-centered discipline of copyright blends perception and prescription to great effect, indicating to the reader how far copyright has yet to go to help creativity flourish—and how it might cover the distance." -- Jonathan Zittrain * Harvard University *"If you care about the future of innovation, creativity, technology, free speech and privacy and are going to read one book on copyright, give the second version of Copyright's Highway a shot. It captures the human drama of battles past, gives a sense of our present, and provides a glimpse into the future."––Raymond J. Dowd, New York Law Journal

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Book SynopsisIn Copyright's Highway, one of the nation's leading authorities on intellectual property law offers an engaging, readable, and intelligent analysis of the effect of copyright on American politics, economy, and culture. From eighteenth-century copyright law, to the "celestial jukebox," to the future of copyright issues in the digital age, Paul Goldstein presents a thorough examination of the challenges facing copyright owners and users. In this fully updated second edition, the author expands the discussion to cover the latest developments and shifts in copyright law for a new audience of scholars and students. This expanded edition introduces readers to present and future debates regarding copyright law and policy, including a new chapter on the technological shift in emphasis from producer to consumer and the legal shift from exclusive rights to exceptions and limitations to those rights. From Gutenberg to Google Books, Copyright's Highway, Second Edition, offers a concise, essential resource for the internet generation.Trade Review"Paul Goldstein can make the complex issues of copyright law accessible and captivating without sacrificing the nuances of law, politics, and custom that underlie them. With this second edition of Copyright's Highway, Goldstein adds timely narratives, such as the Google Book Project, to illustrate the evolving nature of copyright law and its importance to our everyday lives." -- Marshall Leaffer * Indiana University Maurer School of Law *"A much-awaited new edition of Paul Goldstein's landmark synthesis of the history and policies of US copyright law. Goldstein's comprehensive and deep understanding of the legal, economic, and technological interests at stake thoroughly illuminates this sensitive and accessible study. A new concluding chapter meticulously and critically examines the challenges of 'competing with free' and the landscape-altering consequences of copyright's encounter with internet platforms." -- Jane C. Ginsburg * Columbia University *"Copyright's Highway now an updated and expanded second edition, is one of the most brilliant, lucid, and readable explanations of what is increasingly America's national treasure: our intellectual property. Highly recommended." -- Scott Turow * The Authors Guild *"Paul Goldstein's eloquent call for a more human-centered discipline of copyright blends perception and prescription to great effect, indicating to the reader how far copyright has yet to go to help creativity flourish—and how it might cover the distance." -- Jonathan Zittrain * Harvard University *"If you care about the future of innovation, creativity, technology, free speech and privacy and are going to read one book on copyright, give the second version of Copyright's Highway a shot. It captures the human drama of battles past, gives a sense of our present, and provides a glimpse into the future."––Raymond J. Dowd, New York Law Journal

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Book SynopsisIn Copy This Book!, Paul J. Heald draws on a vast knowledge of copyright scholarship and a deep sense of irony to explain what's gone wrong with copyright in the twenty-first century. Distilling extensive empirical data to clearly show the implications of copyright laws and doctrine for public welfare, he illustrates his findings with lighthearted references to familiar (and obscure) works and their creators (and sometimes their creators' oddball relations). Among the questions he tackles: How does copyright deter composers from writing new songs? Why are so many famous photographs unprotected orphans, and how does Getty Images get away with licensing them? What can the use of music in movies tell us about the proper length of the copyright term? How do publishers get away with claiming rights in public domain works and extracting unmerited royalties from the public? Heald translates piles of data, complex laws, and mysterious economics, equipping readers with the tools for judging past and future copyright law.Trade Review"Heald has pioneered the use of cleverly gathered evidence to demonstrate copyright law's sometimes perverse effects on important outcomes, such as whether long ago–published books are actually available to consumers today. Both entertaining and authoritative, this wonderful book provides a leading expert's guided tour of copyright." -- Joel Waldfogel * University of Minnesota *"This should be the most important book on copyright policy in America today. Wrapped in a beautifully compelling narrative, the book will quickly become a classic, and hopefully trigger a more classical view of the role of government-backed monopoly in the creation and spread of culture and knowledge." -- Lawrence Lessig * Harvard University *"This book is so engaging and sensible. This will sound ridiculous, but I can't put it down." -- Saul Levmore * University of Chicago *

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Book SynopsisIn Copy This Book!, Paul J. Heald draws on a vast knowledge of copyright scholarship and a deep sense of irony to explain what's gone wrong with copyright in the twenty-first century. Distilling extensive empirical data to clearly show the implications of copyright laws and doctrine for public welfare, he illustrates his findings with lighthearted references to familiar (and obscure) works and their creators (and sometimes their creators' oddball relations). Among the questions he tackles: How does copyright deter composers from writing new songs? Why are so many famous photographs unprotected orphans, and how does Getty Images get away with licensing them? What can the use of music in movies tell us about the proper length of the copyright term? How do publishers get away with claiming rights in public domain works and extracting unmerited royalties from the public? Heald translates piles of data, complex laws, and mysterious economics, equipping readers with the tools for judging past and future copyright law.Trade Review"Heald has pioneered the use of cleverly gathered evidence to demonstrate copyright law's sometimes perverse effects on important outcomes, such as whether long ago–published books are actually available to consumers today. Both entertaining and authoritative, this wonderful book provides a leading expert's guided tour of copyright." -- Joel Waldfogel * University of Minnesota *"This should be the most important book on copyright policy in America today. Wrapped in a beautifully compelling narrative, the book will quickly become a classic, and hopefully trigger a more classical view of the role of government-backed monopoly in the creation and spread of culture and knowledge." -- Lawrence Lessig * Harvard University *"This book is so engaging and sensible. This will sound ridiculous, but I can't put it down." -- Saul Levmore * University of Chicago *

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Book SynopsisThe 1911 Copyright Act, often termed the 'Imperial Copyright Act', changed the jurisprudential landscape in respect of copyright law, not only in the United Kingdom but also within the then Empire. This book offers a bird's eye perspective of why and how the first global copyright law launched a new order, often termed the 'common law copyright system'.This carefully researched and reflective work draws upon some of the best scholarship from Australia, Canada, India, Israel, Jamaica, New Zealand, Singapore, South Africa and United Kingdom. The authors - academics and practitioners alike - situate the Imperial Copyright Act 1911 within their national laws, both historically and legally. In doing so, the book queries the extent to which the ethos and legacy of the 1911 Copyright Act remains within indigenous laws.A Shifting Empire offers a unique global, historical view of copyright development and will be a valuable resource for policymakers, academic scholars and members of international copyright associations.Contributors include: T.G. Agitha, M.D. Birnhack, D. Daley, Y. Gendreau, N.S. Gopalakrishnan, N.-L.W. Loon, G. McLay, S. Ricketson, U. SuthersanenTrade Review‘An excellent resource for historians and legal scholars, as well as an instructive text for policymakers and international copyright associations, A Shifting Empire is enthusiastically recommended especially for college libraries and reference collections with a focus on copyright law.’ -- The Midwest Book ReviewTable of ContentsContents: Introduction: Albion’s Legacy? Uma Suthersanen and Ysolde Gendreau 1. The First Global Copyright Act Uma Suthersanen 2. New Zealand and the Imperial Copyright Tradition Geoff McLay 3. The Imperial Copyright Act 1911 in Australia Sam Ricketson 4. Mandatory Copyright: From Pre-Palestine to Israel, 1910–2007 Michael D. Birnhack 5. The Imperial Copyright Act 1911 and the Indian Copyright Law T.G. Agitha and N.S. Gopalakrishnan 6. The Imperial Copyright Act 1911 in Singapore: Copyright Creatures Great and Small, This Act it Made Them All Ng-Loy Wee Loon 7. Shades of Grey: Uncovering the Century Old Imperial Imprint on Jamaica’s Modern Copyright Act Dianne Daley 8. The Imperial Copyright Act 1911’s Role in Shaping South African Copyright Law Tana Pistorius 9. No Copyright Law is an Island Ysolde Gendreau Index

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Book SynopsisDigital technologies have transformed the way many creative works are generated, disseminated and used. They have made cultural products more accessible, challenged established business models and the copyright system, and blurred the boundary between producers and consumers. This unique resource presents an up-to-date overview of academic research on the impact of digitization in the creative sector of the economy.In 37 chapters, this coherent volume brings together contributions by experts on many aspects of digitization in the creative industries. With its interdisciplinary approach and detailed studies of digitization in the arts, media and cultural industries, the Handbook provides accessible material for a range of courses. It will be thought-provoking reading for academics, researchers, students and policy-makers interested in progress in the creative economy.Contributors include: P. Arora, K. Atladottír, P. Bakker, J. Banks, W.J. Baumol, C. Bekar, A. Bruns, S. Cunningham, P. Di Cola, G. Doyle, K. van Eijck, J. Farchy, M. Favale, T. Flew, M. Gansemer, P. Goodridge, C. Handke, E. Haswell, A. Henten, R.M. Hilty, F. Homberg, R. Inglehart, A. Johansson, A. Katz, H. van Kranenburg, M. Kretschmer, M. Latzer, S.J. Liebowitz, M. Majorana, D. Mendis, F. Müller-Langer, T. Navarrete, S. Nérisson, P. Norris, J. Petrou, J. Poort, J. Potts, A. Pratt, M. Scheufen, N. Searle, D. Secchi, P. Stepan, A. Swift, R. Tadayoni, R. Towse, P. Tschmuck, F. Vermeylen, P. Waelbroek, R. Watt, G. White, P. Wikstrom, G. Withers, R. van der Wurff, G.W. ZiggersTrade ReviewHandbook on the Digital Creative Economy contains a rich set of insights that have emerged from a diverse and, in some cases, rapidly growing set of literatures and, as such, is a valuable research record of the scholarly ''state of play''.' --Journal of Cultural Economics'The digital creative economy is the new frontier in the economics of culture and this volume is the very best place to start in on that topic.' --Tyler Cowen, George Mason University, US'Two concepts that have become increasingly prominent in debate about contemporary economic policy are the digital economy and the creative economy. This pioneering Handbook brings these two concepts together, with contributions from a wide range of scholars in economics, law, cultural studies, media and communications. A particular focus of the volume is on copyright issues in the digital environment, especially in the audio-visual, publishing and media industries. This book provides an authoritative overview that will be essential reading for students, researchers and policy-makers working in this rapidly evolving field.' --David Throsby, Macquarie University, AustraliaTable of ContentsContents: Introduction Christian Handke and Ruth Towse PART I: PERSPECTIVES ON DIGITIZATION IN THE CREATIVE ECONOMY 1. General Purpose Technologies Cliff Bekar and Erin Haswell 2. Reining in Those Unstoppably Rising Costs William J. Baumol 3 Evolutionary Perspectives Jason Potts 4. Space and Place Andy C. Pratt 5. Business Models Nicola Searle and Gregor White 6. Dynamic Competition and Ambidexterity Hans van Kranenburg and Gerrit Willem Ziggers 7. From Prosumption to Produsage Axel Bruns 8. Consumption Patterns Koen van Eijck and Max Majorana 9. Digital Divide Pippa Norris and Ronald Inglehart PART II: DEVELOPMENT OF TECHNOLOGIES IN THE CREATIVE ECONOMY 10. Copying Technologies Cliff Bekar 11. Technological Change and Cultural Production Peter Tschmuck 12. Media Convergence Michael Latzer 13. Has Digitization Delivered? Fact and Fiction in Digital TV Broadcasting Reza Tadayoni and Anders Henten PART III: POLICY AND COPYRIGHT ISSUES IN THE DIGITAL CREATIVE ECONOMY 14. Cultural Policy Terry Flew and Adam Swift 15. Measuring the Creative Economy Peter Goodridge 16. International Trade in Audiovisual Products Gillian Doyle 17. Copyright Law Peter Di Cola 18. Copyright Law and Royalty Contracts Richard Watt 19. Copyright and Competition Policy Ariel Katz 20. Collective Copyright Management Reto M. Hilty and Sylvie Nérisson 21. Copyright Levies Joost Poort PART IV: COPYRIGHT AND DIGITIZATION: EMPIRICAL EVIDENCE 22. Empirical Evidence on Copyright Christian Handke 23. Internet Piracy: The Estimated Impact on Sales Stan J. Liebowitz 24. Artists, Authors’ Rights and Copyright Kristín Atladottír, Martin Kretschmer and Ruth Towse 25. New Opportunities for Authors Joëlle Farchy, Mathilde Gansemer and Jessica Petrou 26. Orphan Works Fabian Homberg, Marcella Favale, Martin Kretschmer, Dinusha Mendis and Davide Secchi PART V: CREATIVE INDUSTRY STUDIES 27. Performing Arts Ruth Towse 28. Art Markets Payal Arora and Filip Vermeylen 29. Museums Trilce Navarrete 30. Publishing Patrik Wikstrom and Anette Johansson 31. eBook and Book Publishing Joëlle Farchy, Mathilde Gansemer and Jessica Petrou 32. Academic Publishing and Open Access Frank Müller-Langer and Marc Scheufen 33. News Piet Bakker and Richard van der Wurff 34. Digital Music Patrick Waelbroek 35. Film Paul Stepan 36. Broadcasting Glenn Withers 37. Games and Entertainment Software John Banks and Stuart Cunningham

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Book SynopsisDigital technologies have transformed the way many creative works are generated, disseminated and used. They have made cultural products more accessible, challenged established business models and the copyright system, and blurred the boundary between producers and consumers. This unique resource presents an up-to-date overview of academic research on the impact of digitization in the creative sector of the economy.In 37 chapters, this coherent volume brings together contributions by experts on many aspects of digitization in the creative industries. With its interdisciplinary approach and detailed studies of digitization in the arts, media and cultural industries, the Handbook provides accessible material for a range of courses. It will be thought-provoking reading for academics, researchers, students and policy-makers interested in progress in the creative economy.Contributors include: P. Arora, K. Atladottír, P. Bakker, J. Banks, W.J. Baumol, C. Bekar, A. Bruns, S. Cunningham, P. Di Cola, G. Doyle, K. van Eijck, J. Farchy, M. Favale, T. Flew, M. Gansemer, P. Goodridge, C. Handke, E. Haswell, A. Henten, R.M. Hilty, F. Homberg, R. Inglehart, A. Johansson, A. Katz, H. van Kranenburg, M. Kretschmer, M. Latzer, S.J. Liebowitz, M. Majorana, D. Mendis, F. Müller-Langer, T. Navarrete, S. Nérisson, P. Norris, J. Petrou, J. Poort, J. Potts, A. Pratt, M. Scheufen, N. Searle, D. Secchi, P. Stepan, A. Swift, R. Tadayoni, R. Towse, P. Tschmuck, F. Vermeylen, P. Waelbroek, R. Watt, G. White, P. Wikstrom, G. Withers, R. van der Wurff, G.W. ZiggersTrade ReviewHandbook on the Digital Creative Economy contains a rich set of insights that have emerged from a diverse and, in some cases, rapidly growing set of literatures and, as such, is a valuable research record of the scholarly ''state of play''.' --Journal of Cultural Economics'The digital creative economy is the new frontier in the economics of culture and this volume is the very best place to start in on that topic.' --Tyler Cowen, George Mason University, US'Two concepts that have become increasingly prominent in debate about contemporary economic policy are the digital economy and the creative economy. This pioneering Handbook brings these two concepts together, with contributions from a wide range of scholars in economics, law, cultural studies, media and communications. A particular focus of the volume is on copyright issues in the digital environment, especially in the audio-visual, publishing and media industries. This book provides an authoritative overview that will be essential reading for students, researchers and policy-makers working in this rapidly evolving field.' --David Throsby, Macquarie University, AustraliaTable of ContentsContents: Introduction Christian Handke and Ruth Towse PART I: PERSPECTIVES ON DIGITIZATION IN THE CREATIVE ECONOMY 1. General Purpose Technologies Cliff Bekar and Erin Haswell 2. Reining in Those Unstoppably Rising Costs William J. Baumol 3 Evolutionary Perspectives Jason Potts 4. Space and Place Andy C. Pratt 5. Business Models Nicola Searle and Gregor White 6. Dynamic Competition and Ambidexterity Hans van Kranenburg and Gerrit Willem Ziggers 7. From Prosumption to Produsage Axel Bruns 8. Consumption Patterns Koen van Eijck and Max Majorana 9. Digital Divide Pippa Norris and Ronald Inglehart PART II: DEVELOPMENT OF TECHNOLOGIES IN THE CREATIVE ECONOMY 10. Copying Technologies Cliff Bekar 11. Technological Change and Cultural Production Peter Tschmuck 12. Media Convergence Michael Latzer 13. Has Digitization Delivered? Fact and Fiction in Digital TV Broadcasting Reza Tadayoni and Anders Henten PART III: POLICY AND COPYRIGHT ISSUES IN THE DIGITAL CREATIVE ECONOMY 14. Cultural Policy Terry Flew and Adam Swift 15. Measuring the Creative Economy Peter Goodridge 16. International Trade in Audiovisual Products Gillian Doyle 17. Copyright Law Peter Di Cola 18. Copyright Law and Royalty Contracts Richard Watt 19. Copyright and Competition Policy Ariel Katz 20. Collective Copyright Management Reto M. Hilty and Sylvie Nérisson 21. Copyright Levies Joost Poort PART IV: COPYRIGHT AND DIGITIZATION: EMPIRICAL EVIDENCE 22. Empirical Evidence on Copyright Christian Handke 23. Internet Piracy: The Estimated Impact on Sales Stan J. Liebowitz 24. Artists, Authors’ Rights and Copyright Kristín Atladottír, Martin Kretschmer and Ruth Towse 25. New Opportunities for Authors Joëlle Farchy, Mathilde Gansemer and Jessica Petrou 26. Orphan Works Fabian Homberg, Marcella Favale, Martin Kretschmer, Dinusha Mendis and Davide Secchi PART V: CREATIVE INDUSTRY STUDIES 27. Performing Arts Ruth Towse 28. Art Markets Payal Arora and Filip Vermeylen 29. Museums Trilce Navarrete 30. Publishing Patrik Wikstrom and Anette Johansson 31. eBook and Book Publishing Joëlle Farchy, Mathilde Gansemer and Jessica Petrou 32. Academic Publishing and Open Access Frank Müller-Langer and Marc Scheufen 33. News Piet Bakker and Richard van der Wurff 34. Digital Music Patrick Waelbroek 35. Film Paul Stepan 36. Broadcasting Glenn Withers 37. Games and Entertainment Software John Banks and Stuart Cunningham

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Book SynopsisThe book reads so easily you hardly notice the erudition that has gone into it. Whether the authors are right in thinking harmonisation would be easier than is supposed is an open question - one they make you think about seriously.'- Rt Hon Sir Robin Jacob, University College London, UKThis insightful study explores the constitutional, institutional, and cultural barriers to harmonisation of the copyright laws of the United States and the European Union. It considers these matters in the real world transnational environment in which copyright law operates and suggests that the reality transcends the differences, offering a framework for meaningful harmonisation.The authors examine in detail and offer a critique of the sporadic and historic attempts at one or another form of harmonisation, via treaty and otherwise, from the creation of a minimal standards regime to the proliferation of substantive treaties. They similarly examine the respective competencies of the US and the EU to adopt a transnational regime, and propose a workable framework consistent with these competencies.Offering a critical analysis of treaties and other prior attempts at forms of harmonization, this book will have special appeal to governmental and nongovernmental individuals involved in the ongoing efforts of WIPO and the WTO, as well as copyright and intellectual property practitioners with internationally oriented practices.Contents: 1. Harmony, Policy, and Power 2. Minimum Standards and International Codes 3. Why We Don't Play Well with Others: U.S. Constitutional Constraints on Harmonisation of Copyright Law 4. If There is a Will, There is a Way…. The Broad Legislative Competence of the European Union 5. A Framework for Harmonisation IndexTrade Review‘The book reads so easily you hardly notice the erudition that has gone into it. Whether the authors are right in thinking harmonisation would be easier than is supposed is an open question – one they make you think about seriously.’ -- Rt Hon Sir Robin Jacob, University College London, UKTable of ContentsContents: 1. Harmony, Policy, and Power 2. Minimum Standards and International Codes 3. Why We Don't Play Well with Others: U.S. Constitutional Constraints on Harmonisation of Copyright Law 4. If There is a Will, There is a Way…. The Broad Legislative Competence of the European Union 5. A Framework for Harmonisation Index

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Book Synopsis'This book guides us expertly through the controversial area of originality, a concept which lies at the very foundation of copyright law, but which has never before been analysed in any depth as a topic in its own right. Originality has however now become a hot topic, given the controversial recent case law of the EU Court of Justice on it, and the manner in which some national courts in the EU are seeking to apply it, which makes this book especially timely.'- Trevor Cook, Bird & Bird LLP, UK'This text has been well drafted and documented, the legal analysis is sound and competent and the author manages to provide useful insights into UK and US law. She also manages to put her subject in perspective, taking into account the inevitable policy issues, which, however, could be extended to what the actual role of the court is in the much-debated EU copyright harmonisation. I strongly recommend reading this book.'- Irini Stamatoudi, European Intellectual Property ReviewFull harmonization of the copyright laws of EU Member States has long been a holy grail for copyright lawyers, but with the reality thus far being only limited harmonization resulting from ad-hoc legislative interventions, there are serious questions over the feasibility and indeed desirability of this goal. Notwithstanding, as this book makes eloquently clear, whilst legislative initiatives have been limited, the CJEU has been acting proactively, establishing through its decisional practice the de facto harmonization of an important principle of copyright: the originality requirement.Through an assessment of the originality requirement, this work guides the reader in interpreting judicial decisions which are of fundamental importance to current and future understanding of EU copyright. The book's holistic approach and methodology takes in analysis of; recent decisions of the CJEU in light of broader EU copyright reform debate; the implications of CJEU case law in Member States which have traditionally adopted different approaches to copyright (eg the UK); the originality requirement in EU, UK and continental Member States; recent UK decisions from an EU perspective; and academic copyright reform projects, both in Europe and the US.Originality in EU Copyright will appeal to academics, policymakers and EU officers, students, practitioners and in-house counsels.Contents: Foreword Table of Cases (in Chronological Order) Table of EU/EC/EEC Legislation (in Chronological Order) Table of EU/EC Policy Documents (in Chronological Order) Introduction 1. The Challenges of EU Copyright: 'United in Diversity' - Does it Work? 2. Originality as a Policy Tool: Shaping the Breadth of Protection 3. Originality in a Work, or a Work of Originality: The Effects of the Infopaq Decision 4. The CJEU Goes Ahead: The Decisions in Murphy, Painer, Football Dataco and SAS 5. Challenging the UK Understanding of Copyright: Originality and Subject-matter Categorization at the Forefront of the Debate 6. The Future of Copyright at the EU Level: The Shape of Harmonization Bibliography IndexTrade Review'Rosati's text is both a readable and useful review of where we are in copyright at present, combined with a strong argument that we are on the 'right road' . . Overall, Rosati's text provides a very accessible view of the topic. I have some scepticism that harmonization of originality is really the most central problem for the copyright system, but she puts her case across well.' --Philip Leith, Web Journal of Current Legal Issues'[T]his book will have immediate appeal for copyright lawyers, especially those working cross-border in the EU. Academics, students and don't forget EU officials and policy makers areas will also find it intriguing, even visionary, for it is as much about future possibilities as it is about present realities.' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine'Rosati has made a valuable contribution to the study of European copyright law.' --Sir Richard Arnold, Journal of Intellectual Property Law and PracticeTable of ContentsContents: Foreword Table of Cases (in Chronological Order) Table of EU/EC/EEC Legislation (in Chronological Order) Table of EU/EC Policy Documents (in Chronological Order) Introduction 1. The Challenges of EU Copyright: ‘United in Diversity’ – Does it Work? 2. Originality as a Policy Tool: Shaping the Breadth of Protection 3. Originality in a Work, or a Work of Originality: The Effects of the Infopaq Decision 4. The CJEU Goes Ahead: The Decisions in Murphy, Painer, Football Dataco and SAS 5. Challenging the UK Understanding of Copyright: Originality and Subject-matter Categorization at the Forefront of the Debate 6. The Future of Copyright at the EU Level: The Shape of Harmonization Bibliography Index

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Book SynopsisInternational copyright and related rights take on an ever more important role. These areas are known for their complexity but in this excellent addition to legal science, Jørgen Blomqvist simplifies the essence of these areas. The book provides a complete Primer to these areas and it is written as a narrative that draws the reader into the topic. One becomes attracted to its complexities and their implications. This book is essential reading for all of hose that never thought of becoming copyright aficionados.'- Paul Torremans, Professor of Intellectual Property Law, University of Nottingham, UKThis Primer offers a concise yet wide-ranging introduction to the international norms on copyright and related rights. Expertly written, it describes and analyzes the relevant conventions, treaties and agreements, from the 1886 Berne Convention through to the 2013 Marrakesh VIP Treaty.- Unique insight from the author's experience serving as Director of the Copyright Law Division at WIPO.- Presents the international norms in their historical context, and explains rationales behind the rules and relations among them.- Thematically organized discussion facilitates the reader's understanding of the numerous and partly overlapping treaties.- Approaches the topic from the perspective of tackling complex issues in practice.- Balanced discussion of both copyright and related rights.- Guides the reader to the more specialized commentaries for issues requiring further in-depth research.A must-have introduction for scholars and students who need to develop their understanding of copyright and related rights in an international context, and for practitioners and government officials who require a starting point for researching and resolving complex issues.Contents: Preface Part I: Introduction and the General Framework 1. Introduction 2. An Historical Overview of the Instruments 3. Implementation of International Agreements in National Law 4. The Relations Among the International Instruments 5. The Points of Attachment 6. Conflicts of Laws and Choice of Law Part II The Protection Granted Under the International Instruments 7. National Treatment 8. Most Favoured Nation Clause 9. Formality Requirements 10. The Object of Protection 11. Beneficiaries of the Protection 12. The Right of Reproduction 13. Translation and Adaptation Rights 14. The Rights of Distribution, Importation, Rental and Lending 15. The Resale Right 16. Public Performance, Broadcasting, Communication to the Public and Interactive Making Available to the Public 17. Moral Rights 18. Limitations and Exceptions 19. The Term of Protection Part III Enforcement, Dispute Resolution and Final Provisions 20. Technological Protection Measures and Rights Management Information 21. Enforcement 22. Settlement of Disputes 23. Application in Time 24. Administrative Provisions IndexTrade Review‘Ideal for students and scholars seeking to improve their understanding of copyright law in an international context, Primer on International Copyright and Related Rights discusses rights of reproduction, translation, distribution, rental, resale, public performance, and much more. A "must have" for law school libraries and serious students of international copyright regulations, as well as professionals in the field.’ -- Midwest Book Review‘This book will definitely become a vital source for courses on international intellectual property. It is not only well organised, but is excellently presented. I think the book should become a source for basic copyright courses in which academics mainly deal with local laws. This book contributes to existing literature. True, it is a primer, but a primer that does not only make international copyright law accessible to students and practitioners. I think it also shows the great success of the international intellectual property system and why we need to remain attentive to the international community and appraise its achievements.’ -- Lior Zemer, European Intellectual Property Review'International copyright and related rights take on an ever more important role. These areas are known for their complexity but in this excellent addition to legal science, Jørgen Blomqvist simplifies the essence of these areas. The book provides a complete Primer to these areas and it is written as a narrative that draws the reader into the topic. One becomes attracted to its complexities and their implications. This book is essential reading for all of hose that never thought of becoming copyright aficionados.' -- Paul Torremans, Professor of Intellectual Property Law, University of Nottingham, UK‘As well as practitioners, academics and students, government officials charged with decision-making responsibilities in this area of law will find this impressively scholarly examination of international copyright a useful, indeed an essential, purchase.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface Part I: Introduction and the General Framework 1. Introduction 2. An Historical Overview of the Instruments 3. Implementation of International Agreements in National Law 4. The Relations Among the International Instruments 5. The Points of Attachment 6. Conflicts of Laws and Choice of Law Part II The Protection Granted Under the International Instruments 7. National Treatment 8. Most Favoured Nation Clause 9. Formality Requirements 10. The Object of Protection 11. Beneficiaries of the Protection 12. The Right of Reproduction 13. Translation and Adaptation Rights 14. The Rights of Distribution, Importation, Rental and Lending 15. The Resale Right 16. Public Performance, Broadcasting, Communication to the Public and Interactive Making Available to the Public 17. Moral Rights 18. Limitations and Exceptions 19. The Term of Protection Part III Enforcement, Dispute Resolution and Final Provisions 20. Technological Protection Measures and Rights Management Information 21. Enforcement 22. Settlement of Disputes 23. Application in Time 24. Administrative Provisions Index

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Book SynopsisInternational copyright and related rights take on an ever more important role. These areas are known for their complexity but in this excellent addition to legal science, Jørgen Blomqvist simplifies the essence of these areas. The book provides a complete Primer to these areas and it is written as a narrative that draws the reader into the topic. One becomes attracted to its complexities and their implications. This book is essential reading for all of hose that never thought of becoming copyright aficionados.'- Paul Torremans, Professor of Intellectual Property Law, University of Nottingham, UKThis Primer offers a concise yet wide-ranging introduction to the international norms on copyright and related rights. Expertly written, it describes and analyzes the relevant conventions, treaties and agreements, from the 1886 Berne Convention through to the 2013 Marrakesh VIP Treaty.- Unique insight from the author's experience serving as Director of the Copyright Law Division at WIPO.- Presents the international norms in their historical context, and explains rationales behind the rules and relations among them.- Thematically organized discussion facilitates the reader's understanding of the numerous and partly overlapping treaties.- Approaches the topic from the perspective of tackling complex issues in practice.- Balanced discussion of both copyright and related rights.- Guides the reader to the more specialized commentaries for issues requiring further in-depth research.A must-have introduction for scholars and students who need to develop their understanding of copyright and related rights in an international context, and for practitioners and government officials who require a starting point for researching and resolving complex issues.Contents: Preface Part I: Introduction and the General Framework 1. Introduction 2. An Historical Overview of the Instruments 3. Implementation of International Agreements in National Law 4. The Relations Among the International Instruments 5. The Points of Attachment 6. Conflicts of Laws and Choice of Law Part II The Protection Granted Under the International Instruments 7. National Treatment 8. Most Favoured Nation Clause 9. Formality Requirements 10. The Object of Protection 11. Beneficiaries of the Protection 12. The Right of Reproduction 13. Translation and Adaptation Rights 14. The Rights of Distribution, Importation, Rental and Lending 15. The Resale Right 16. Public Performance, Broadcasting, Communication to the Public and Interactive Making Available to the Public 17. Moral Rights 18. Limitations and Exceptions 19. The Term of Protection Part III Enforcement, Dispute Resolution and Final Provisions 20. Technological Protection Measures and Rights Management Information 21. Enforcement 22. Settlement of Disputes 23. Application in Time 24. Administrative Provisions IndexTrade Review‘Ideal for students and scholars seeking to improve their understanding of copyright law in an international context, Primer on International Copyright and Related Rights discusses rights of reproduction, translation, distribution, rental, resale, public performance, and much more. A "must have" for law school libraries and serious students of international copyright regulations, as well as professionals in the field.’ -- Midwest Book Review‘This book will definitely become a vital source for courses on international intellectual property. It is not only well organised, but is excellently presented. I think the book should become a source for basic copyright courses in which academics mainly deal with local laws. This book contributes to existing literature. True, it is a primer, but a primer that does not only make international copyright law accessible to students and practitioners. I think it also shows the great success of the international intellectual property system and why we need to remain attentive to the international community and appraise its achievements.’ -- Lior Zemer, European Intellectual Property Review'International copyright and related rights take on an ever more important role. These areas are known for their complexity but in this excellent addition to legal science, Jørgen Blomqvist simplifies the essence of these areas. The book provides a complete Primer to these areas and it is written as a narrative that draws the reader into the topic. One becomes attracted to its complexities and their implications. This book is essential reading for all of hose that never thought of becoming copyright aficionados.' -- Paul Torremans, Professor of Intellectual Property Law, University of Nottingham, UK‘As well as practitioners, academics and students, government officials charged with decision-making responsibilities in this area of law will find this impressively scholarly examination of international copyright a useful, indeed an essential, purchase.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface Part I: Introduction and the General Framework 1. Introduction 2. An Historical Overview of the Instruments 3. Implementation of International Agreements in National Law 4. The Relations Among the International Instruments 5. The Points of Attachment 6. Conflicts of Laws and Choice of Law Part II The Protection Granted Under the International Instruments 7. National Treatment 8. Most Favoured Nation Clause 9. Formality Requirements 10. The Object of Protection 11. Beneficiaries of the Protection 12. The Right of Reproduction 13. Translation and Adaptation Rights 14. The Rights of Distribution, Importation, Rental and Lending 15. The Resale Right 16. Public Performance, Broadcasting, Communication to the Public and Interactive Making Available to the Public 17. Moral Rights 18. Limitations and Exceptions 19. The Term of Protection Part III Enforcement, Dispute Resolution and Final Provisions 20. Technological Protection Measures and Rights Management Information 21. Enforcement 22. Settlement of Disputes 23. Application in Time 24. Administrative Provisions Index

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Book SynopsisThere has been an explosion of interest in recent years regarding the origin and of intellectual property law. The study of copyright history, in particular, has grown remarkably in the last twenty years, with a flurry of activity in the last ten. This Handbook takes stock of the field of copyright history as it stands today, as well as examining potential developments in the future.The contributions feature copyright and history experts from across the UK, Australia, the United States, France, Spain and Italy. Covering European, US and international copyright history and traversing from the 16th Century to the early 20th century, this book offers a broad survey of the field and a solid foundation for future research.Students and scholars of copyright law, authorship, art, and the book and music trades will find this book to be an invaluable resource. It will also be of use to practising lawyers and judges with an interest in the doctrinal history of copyright law.Contributors: I. Alexander, J. Bellido, C. Bond, K. Bowrey, O. Bracha, E. Cooper, I. Gadd, J.C. Ginsburg, H.T. Gómez-Arostegui, B. Lauriat, N.A. Mace, H. MacQueen, A.J. Mann, S. Ricketson, F. Rideau, C. Seville, M. WoodmanseeTrade Review'This Research Handbook is a great overview for readers new to the subject of copyright history.' --Journal of Intellectual Property Law and Practice'`Anyone remotely involved or interested in how the law of copyright has developed in our new IT age will find this book a magnificent journey through special parts of our common law history. . . Academics researching copyright law, authorship, art, and the book and music trades we know will find this title an invaluable resource for their work. It will also be of use to practitioners and the judiciary with an interest in the doctrinal history of copyright law which is so well set out here and another example of the excellent publications produced for lawyers from Elgar for their research handbooks in intellectual property series of legal works.' --The Barrister MagazineTable of ContentsContents: 1. Introduction Isabella Alexander and H. Tomás Gómez-Arostegui PART I HISTORIOGRAPHY 2. Copyright History in the Advocate’s Arsenal Barbara Lauriat 3. Law, Aesthetics and Copyright Historiography: A Critical Reading of the Genealogies of Martha Woodmansee and Mark Rose Kathy Bowrey 4. The ‘Romantic’ Author Martha Woodmansee PART II UNITED KINGDOM PERSPECTIVES 5. The Stationers’ Company in England before 1710 Ian Gadd 6. The Anatomy of Copyright Law in Scotland before 1710 Alastair J. Mann 7. Literary Property in Scotland in the Eighteenth and Nineteenth Centuries Hector MacQueen 8. Music Copyright in Late Eighteenth and Early Nineteenth Century Britain Nancy A. Mace 9. How Art Was Different: Researching the History of Artistic Copyright Elena Cooper 10. Determining Infringement in the Eighteenth and Nineteenth Centuries in Britain: ‘A ticklish job’ Isabella Alexander 11. Equitable Infringement Remedies before 1800 H. Tomás Gómez-Arostegui PART III INTERNATIONAL PERSPECTIVES 12. Proto-Property in Literary and Artistic Works: Sixteenth-Century Papal Printing Privileges Jane C. Ginsburg 13. British Colonial and Imperial Copyright Catherine Seville 14. The Public International Law of Copyright and Related Rights Sam Ricketson 15. El Salvador and the Internationalisation of Copyright Jose Bellido PART IV NATIONAL PERSPECTIVES 16. United States Copyright, 1672–1909 Oren Bracha 17. ‘Cabined, Cribbed, Confined, Bound In’: Copyright in the Australian Colonies Catherine Bond 18. Aspects of French Literary Property Developments in the Eighteenth (and Nineteenth) Centuries Frédéric Rideau 19. Codified Anxieties: Literary Copyright in Mid-Nineteenth Century Spain Jose Bellido Index

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Book SynopsisInternational copyright law is a complex and evolving field, of manifest and increasing economic significance. Its intellectual challenges derive from the interlocking relationships of multiple international instruments and national or regional laws and judgments.This ground-breaking casebook provides a comprehensive and comprehensible account of international copyright and neighboring rights law, from the cornerstone of the 1886 Berne Convention and the Rome Convention of 1961, through to the 1994 TRIPS Agreement and the 1996 and later WIPO Copyright Treaties. It examines how national laws have implemented the international norms, and explores the issues these sources have left ambiguous or unresolved.Ginsburg and Treppoz, two of the leading lights in international copyright law, bring their expert commentary and provocative questions to judiciously selected extracts from cases, analytical texts, and the texts of the treaties themselves, to develop a deeply nuanced understanding of this field. The approach centers on comprehending the international law and international treaties and, rather than analyzing the treaties in turn and in abstract, offers a concrete issue-by-issue treatment of the subject.Key features of the casebook:- Written by two leading authorities in the field- Carefully selected extracts from primary and secondary sources- Build a clear picture of the field- Expert analytical commentary and questions set the extracts in context- U.S. and E.U. perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments- An issue-based approach that synthesizes the treaties and facilitates a nuanced understanding- Exposition of lacunae in the treaties, and extensive consideration of how private international law fills the gaps- Leads students through the field from beginning to end.Trade Review‘Professors Ginsburg and Treppoz’s pioneer casebook, International Copyright Law: US and EU Perspectives, is a ground-breaking contribution of this kind. It sets up a framework, hands over a guide map to students and facilitates them with interpretation tools and vivid examples for their international copyright law journey. Elaborately designed questions imply further upgraded research possibilities from all angles and are challenging and inspiring not only to students but to scholars and practitioners.’ -- Journal of Contemporary European Research‘This book represents a unique synthetic presentation of today's positive law as regards international copyright law and its reception in the two main Western blocks. It is a must for students and teachers. Researchers, in my opinion, need the book since the sum it represents is what we all should know before drafting the first words of any opinion.’ -- International Review of Intellectual Property and Competition LawTable of ContentsContents: 1. History, Structure and Context of International Copyright Law PART I: APPLICABILITY OF INTERNATIONAL COPYRIGHT AND NEIGBOURING RIGHTS CONVENTIONS 2. From International Conventions to National Laws (or Relations between International and National Norms) 3. Points of Attachment of International Protection PART II: APPLICATION OF INTERNATIONAL COPYRIGHT AND NEIGHBOURING RIGHTS CONVENTIONS 4. National Treatment and Most-Favored-Nation Treatment 5. Substantive minima 6. Lacunae – Authorship and Ownership PART III: APPLICATION OF NATIONAL NORMS: PRIVATE INTERNATIONAL LAW Introduction to International Private Law and its Application to Copyright and Neighbouring Rights 7. Jurisdiction to Adjudicate (Judicial Competence) 8. Conflict of Laws (Legislative Competence) 9. Recognition of Judgments Index

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Book SynopsisInternational copyright law is a complex and evolving field, of manifest and increasing economic significance. Its intellectual challenges derive from the interlocking relationships of multiple international instruments and national or regional laws and judgments.This ground-breaking casebook provides a comprehensive and comprehensible account of international copyright and neighboring rights law, from the cornerstone of the 1886 Berne Convention and the Rome Convention of 1961, through to the 1994 TRIPS Agreement and the 1996 and later WIPO Copyright Treaties. It examines how national laws have implemented the international norms, and explores the issues these sources have left ambiguous or unresolved.Ginsburg and Treppoz, two of the leading lights in international copyright law, bring their expert commentary and provocative questions to judiciously selected extracts from cases, analytical texts, and the texts of the treaties themselves, to develop a deeply nuanced understanding of this field. The approach centers on comprehending the international law and international treaties and, rather than analyzing the treaties in turn and in abstract, offers a concrete issue-by-issue treatment of the subject.Key features of the casebook:- Written by two leading authorities in the field- Carefully selected extracts from primary and secondary sources- Build a clear picture of the field- Expert analytical commentary and questions set the extracts in context- U.S. and E.U. perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments- An issue-based approach that synthesizes the treaties and facilitates a nuanced understanding- Exposition of lacunae in the treaties, and extensive consideration of how private international law fills the gaps- Leads students through the field from beginning to end.Trade Review‘Professors Ginsburg and Treppoz’s pioneer casebook, International Copyright Law: US and EU Perspectives, is a ground-breaking contribution of this kind. It sets up a framework, hands over a guide map to students and facilitates them with interpretation tools and vivid examples for their international copyright law journey. Elaborately designed questions imply further upgraded research possibilities from all angles and are challenging and inspiring not only to students but to scholars and practitioners.’ -- Journal of Contemporary European Research‘This book represents a unique synthetic presentation of today's positive law as regards international copyright law and its reception in the two main Western blocks. It is a must for students and teachers. Researchers, in my opinion, need the book since the sum it represents is what we all should know before drafting the first words of any opinion.’ -- International Review of Intellectual Property and Competition LawTable of ContentsContents: 1. History, Structure and Context of International Copyright Law PART I: APPLICABILITY OF INTERNATIONAL COPYRIGHT AND NEIGBOURING RIGHTS CONVENTIONS 2. From International Conventions to National Laws (or Relations between International and National Norms) 3. Points of Attachment of International Protection PART II: APPLICATION OF INTERNATIONAL COPYRIGHT AND NEIGHBOURING RIGHTS CONVENTIONS 4. National Treatment and Most-Favored-Nation Treatment 5. Substantive minima 6. Lacunae – Authorship and Ownership PART III: APPLICATION OF NATIONAL NORMS: PRIVATE INTERNATIONAL LAW Introduction to International Private Law and its Application to Copyright and Neighbouring Rights 7. Jurisdiction to Adjudicate (Judicial Competence) 8. Conflict of Laws (Legislative Competence) 9. Recognition of Judgments Index

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Book SynopsisI've long known that musicians understand copyright law as little as copyright lawyers understand music, but this book shows brilliantly that such mutual ignorance is deeply rooted in historical, philosophical and practical arguments about music making. In persuading both musicologists and legal theorists to address issues of authorship, creativity, property and performance, Andreas Rahmatian has put together a collection that is essential reading for anyone concerned with the uneasy relationship of music and law. This is a sophisticated, instructive and stimulating book.'- Simon Frith, University of Edinburgh, UK'Rahmatian's edited collection in ''Concepts of Music and Copyright' is provoking and revelatory. It is an elegant colloquy between four musicologists and four lawyers. The resultant discourse reveals a rich seam of amazing stories and judicial decisions on authorship, creativity and the law in the sphere of musical composition and performance. The book is not only for music scholars and copyright lawyers, but is ideal for any scholar who professes to enjoy socio-legal philosophy, music lore, or the history of ideas. Needless to add, it is a must-have for copyright judges.'- Uma Suthersanen, University of London, UK'This collection considers the blurred lines between copyright law and music - from early musicology to the Golden Age of MTV and the rise of YouTube and mash-ups. It explores key concepts such as copyright works, subject matter, authorship, originality, copyright infringement, safe harbours, and takedown notices. This collection also examines the clash between legal theories of music, and perceptions of copyright law in musical communities.'- Matthew Rimmer, Queensland University of Technology (QUT), AustraliaCopyright specialists have often focused on the exploitation of copyright of music and on infringement, but not on the question of how copyright conceptualises music. This highly topical volume brings together specialists in music, musicology and copyright law, providing a genuinely interdisciplinary research approach. It compares and contrasts the concepts of copyright law with those of music and musical performance. Several tensions emerge between the ideas of music as a living art and of the musical work as a basis for copyright protection.The expert contributors discuss the notions of the musical work, performance, originality, authorship in music and in copyright, and co-ownership from the disciplinary perspectives of music, musicology and copyright law. The book also examines the role of the Musicians' Union in the evolution of performers' rights in UK copyright law, and, in an empirical study, the transaction costs theory for notice-and-takedown regimes in relation to songs uploaded on YouTube.This unique study offers an interdisciplinary perspective for academics, policymakers and legal practitioners seeking a state-of-the-art understanding of music and copyright law.Contributors: J. Butt, M. Parker Dixon, A. Firth, P.J. Heald, B. Heile, A. Rahmatian, C. Waelde, J. WilliamsonTrade Review‘I've long known that musicians understand copyright law as little as copyright lawyers understand music, but this book shows brilliantly that such mutual ignorance is deeply rooted in historical, philosophical and practical arguments about music making. In persuading both musicologists and legal theorists to address issues of authorship, creativity, property and performance, Andreas Rahmatian has put together a collection that is essential reading for anyone concerned with the uneasy relationship of music and law. This is a sophisticated, instructive and stimulating book.’ -- Simon Frith, University of Edinburgh, UK‘Rahmatian’s edited collection in ‘Concepts of Music and Copyright’ is provoking and revelatory. It is an elegant colloquy between four musicologists and four lawyers. The resultant discourse reveals a rich seam of amazing stories and judicial decisions on authorship, creativity and the law in the sphere of musical composition and performance. The book is not only for music scholars and copyright lawyers, but is ideal for any scholar who professes to enjoy socio-legal philosophy, music lore, or the history of ideas. Needless to add, it is a must-have for copyright judges.’ -- Uma Suthersanen, University of London, UK‘This collection considers the blurred lines between copyright law and music – from early musicology to the Golden Age of MTV and the rise of YouTube and mash-ups. It explores key concepts such as copyright works, subject matter, authorship, originality, copyright infringement, safe harbours, and takedown notices. This collection also examines the clash between legal theories of music, and perceptions of copyright law in musical communities.’ -- Matthew Rimmer, Queensland University of Technology (QUT), Australia‘The editor and authors of this fascinating collection are to be highly praised for their excellent scholarship. How Music Perceives Itself and How Copyright Perceives Music ought to be required reading for all those who have an interest in copyright law in the context of musical authorship, performance and licensing.’ -- Queen Mary Journal of Intellectual PropertyTable of ContentsContents: Introduction 1. What is a ‘Musical work’? Reflections on the Origins of the ‘Work Concept’ in Western Art Music John Butt 2. Music Performed: What is Beyond the Score? Charlotte Waelde 3. Creativity and Possessive Interests Martin Parker Dixon 4. The Elements of Music Relevant for Copyright Protection Andreas Rahmatian 5. Who wrote Duke Ellington’s Music? Authorship and Collective Creativity in ‘Mood Indigo’ Björn Heile 6. Music and Co-authorship/Co-ownership Alison Firth 7. For the Benefit of All Musicians? The Musicians’ Union and Performers’ Rights in the UK John Williamson 8. How Notice-and-Takedown Regimes Create Markets for Music on Youtube: An Empirical Study Paul J. Heald Index

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Book SynopsisFeaturing expert contributors from around the world, this book offers insight into the vital theoretical and practical aspects of the economics of copyright. Topics discussed include fair use, performers' rights, copyright and trade, online music streaming, internet piracy, copyright and visual art markets, and open source publishing. In addition to in-depth coverage of these timely topics, the authors also offer insightful predictions and policy recommendations for the future.Each of the self-contained chapters is written by a distinguished expert and is pitched at a level designed to be accessible to advanced undergraduate and postgraduate students in economics and law. As a whole, the book covers all of the topical content that a student of copyright economics should know. Teachers and lecturers will find all the required material to provide a comprehensive overview of the subject in a single volume. For scholars with a legal background, the book will also act as an effective introduction or refresher in the economic theory underlying copyright.Contributors: D.S. Banerjee, W.J. Gordon, P.J.Heald, S.J. Liebowitz, S.E. Margolis, F. Mueller-Langer, E. Rosati, S.F. Schwemer, R. Towse, M. Waldman, R. WattTrade Review‘This book presents students and teachers with some extremely interesting analyses of copyright and economic theory from a variety of expert viewpoints and traces the linkages by which each supports the other.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Introduction PART I THE ECONOMIC THEORY OF COPYRIGHT 1. The Basic Economic Theory of Copyright Richard Watt 2. What Limits Indirect Appropriability Michael Waldman PART II THE LEGAL STRUCTURE OF COPYRIGHT AND THE PUBLIC DOMAIN 3. The Idea/Expression Dichotomy: Friend or Foe? Eleonora Rosati 4. The Fair Use Doctrine: Markets, Market Failure and Rights of Use Wendy Gordon 5. The Public Domain Paul J. Heald PART III LICENSING AND AUTHORS´ EARNINGS 6. Licensing of Copyright Works in a Bargaining Model Richard Watt 7. Fair Remuneration for Copyright Holders and the Shapley Value Richard Watt 8. Economics of Performers´ Rights Ruth Towse 9. The Licensing of Online Music Streaming Services in Europe Sebastian F. Schwemer PART IV COPYRIGHT COLLECTIVES 10. Copyright Collectives: Some Basic Economic Theory Richard Watt 11. Collective Administration Christian Handke PART V COPYING AND COPYRIGHT PIRACY 12. Copying and the Pricing of Information Goods Richard Watt 13. Impacts of Internet Piracy Stan J. Liebowitz 14. Law and Economics of Copyright Remedies Stephen E. Margolis 15. Effectiveness of Government Anti-Piracy Enforcement Policy: Commitment versus Non-Commitment Dyuti S. Banerjee PART VI OTHER ISSUES IN THE ECONOMICS OF COPYRIGHT LAW 16. Copyright and Parallel Trade Frank Mueller-Langer 17. Open Source and Open Access: New Paradigms in the Theory of Copyright Richard Watt 18. Copyright in Visual Art Markets: Some Economic Theory Concerning Resale Royalties and Other Options Richard Watt Index

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Book SynopsisIn today's legal environment, copyright licensing requires an international perspective. Licensors in both emerging and developed markets must have a detailed understanding of cross-border practices. Cross-Border Copyright Licensing provides a select guide to copyright licensing practices in a number of jurisdictions, addressing key cross-border considerations.Key features include: chapter by chapter analysis of licensing legislation in the most frequently encountered jurisdictions including: China, the EU, India, Mexico, Russia, Singapore, South Africa and the USA discussion of the inter-relation between copyright licensing and competition law clear delineation of the most relevant and critical legal issues relating to licensing practice across the named jurisdictions allowing for ease of reference contributions from expert practitioners with invaluable first hand knowledge of international licensing practices. This book will prove a valuable resource for lawyers who are implementing or enforcing a copyright licensing scheme, acting as a first point of reference on cross-border issues. Scholars of Intellectual Property will also find the text to be a useful guide on international regulations and practices.Contributors include: A. Apostolidis, H. Blignaut, K. Golish, P.G. Granados, E. Hochstadt, B. Kalra, B. Lindner, R. Lukyanov, T. Misra, L.C. Nian, D.S. Nocetti, J.B. Nordemann, T. Pattloch, S. Rab, A. Risely, W. Strong, K. Sysoeva, K. TsuruTrade Review‘Practical and easy to read, Cross-Border Copyright Licensing: -- Law and Practice is sure to become an indispensable resourcefor those engaged in international copyright licensing.’– Intellectual Property Forum‘The book gives a handy and comprehensive overview of the legal issues to consider when licensing copyright in each territory. This includes the approach of the national courts to important questions such as jurisdiction and choice of law. More practical considerations such as collecting societies are considered as well as related rights such as image rights, moral rights and performers rights. In some cases, other rights such as patents get a special mention, particularly where the law is still developing and the likely approach toward copyright can be seen from patent law developments.’ -- Rosie Burbidge, The IPKatTable of ContentsContents: Preface 1. China Thomas Pattloch 2. European Union Brigitte Lindner and Jan Bernd Nordemann 3. India Binny Kalra, Tanvi Misra and Suzanne Rab 4. Mexico Kiyoshi Tsuru, Deyanirr Solorio Nocetti and Patricio Gondález Granados 5. Russia Roman Lukyanov and Ksenia Sysoeva 6. Singapore Lam Chung Nian and Andrew Riseley 7. South Africa Herman Blignaut and Alexis Apostolidis 8. United States of America William S. Strong, Eric Hochstadt and Kayleigh Golish Index

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Book SynopsisThis second edition has been completely rewritten to reflect recent changes and new trends that have emerged since the popular first edition was published. Copyright law has become a fast moving area, which is reflected in the wealth and diversity of research. This comprehensive Research Handbook is situated at the cutting edge of current copyright research, with each chapter written by a leading author in that particular field.The Research Handbook begins with an examination of fundamental questions such as the historical foundations of copyright, the basic concept of originality and the significant discussion on communication to the public. The contributors then focus on moral rights and the artist resale right. In-depth treatment of specialist topics is provided, including copyright contracts, collective management, issues surrounding streaming and sampling, cultural heritage, orphan works, search engines and the potential for a public policy exclusion. The Research Handbook provides global coverage while also considering specific jurisdictions and private international law.The Research Handbook on Copyright Law is a rich research tool that reflects the wealth and diversity of the ongoing research in copyright. It is essential reading for students and researchers in copyright and intellectual property law, as well as practitioners and policymakers.Contributors include: P.C. Águila, F. Brison, S. Depreeuw, G. Dimita, Y. Gendreau, N.H.B. Hang, M.-C. Janssens, B.J. Jütte, T. Kien, J. Koo, A. Lucas-Schloetter, G. Minero, B. Mullisi, S. Nérisson, J. Pila, E. Rengifo, T. Riis, J. Schovsbo, I.A. Stamatoudi, U. Suthersanen, M.J. Tawfik, P. Torremans, H. Vanhees, C. WaeldeTrade Review'Copyright is a highly specialized area of law, but impacts so many issues. So much that even those working with it full time cannot follow all developments in the field closely. This excellent resource brings the reader up-to-date regarding the state of art, and each chapter adds analytical depth and insight. Everybody with an interest in copyright will be enlightened and inspired by this rich selection of contributions on topical issues.' --Jørgen Blomqvist, University of Copenhagen, Denmark'Under the expert guidance of Paul Torremans, leading international scholars offer a fascinating overview of what is happening in today's copyright world. The book feels like a springtime walk in the park of copyright, revealing blossoms of fresh insights and outbursts of new colourful touches everywhere.' --Frank Gotzen, Emeritus Professor, KU Leuven and President ALAIAcclaim for first edition:'[T]his book provides an interesting insight into many aspects of copyright law. It is a useful resource not only for those whose core practice is copyright but also those involved in industries reliant on copyright.' --New Zealand Law JournalTable of ContentsContents: Introduction 1. Walking the Copyright Tightrope Ysolde Gendreau 2. Copyright History as Book History: The Law in Multidisciplinary Context Myra J. Tawfik 3. Originality under EU Copyright Law Irini A. Stamatoudi 4. When the Court of Justice of the European Union Sets about defining Exclusive Rights: Copyright quo vadis? Paul Torremans 5. The Right of “Communication to the Public” in the European Union Fabienne Brison and Sari Depreeuw 6. The WIPO Right of Making Available Gaetano Dimita 7. Enforcing the EU Right of Communication to the Public in Cases of Ubiquitous Infringement Justin Koo 8. Invitation for a ‘Europeanification’ of Moral Rights Marie-Christine Janssens 9. Does Only Compulsory Collective Management Guarantee that an Author Actually Receives his Resale Right? Hendrik Vanhees 10. The Remuneration of Authors and Performers in Copyright Contract Law Agnès Lucas-Schloetter 11. Sampling of Sound Recordings in the United States and Germany: Revival of a Discussion on Musical Creativity Bernd Justin Jütte 12. The Borderless Online User – Carving up the Market for Online and Streaming Services Thomas Riis and Jens Schovsbo 13. Private Copying Exception and Payment of Fair Compensation. EU Case-law Gemma Minero 14. Who owns the rights to works created within Universities and public research organizations: A Spanish case study Pilar Cámara Águila 15. Who owns the orphans? Property in digital cultural heritage assets Uma Suthersanen 16. Copyright in works reproduced and published online by search engines Ernesto Rengifo 17. Collective management and exclusive rights, friends or foes? Sylvie Nérisson 18. Copyright and Related Rights: Outlining a Case for a European Morality / Public Policy Exclusion Justine Pila 19. Copyright, Contemporary Intangible Cultural Heritage and Freedom of Expression: mapping the terrain Charlotte Waelde 20. Albanian Copyright Law and Compliance with EU Legislation Blerina Mullisi 21. Copyright Infringement in Vietnam: Recognising the Reasons and Suggesting Some Solutions Nguyen Ho Bich Hang 22. Can Copyright Law Be Transplanted? Vietnam’s Experiences with Droit D’Auteur, 1864 – 1975 Tran Kien 23. Copyright Jurisdiction under EU Private International Law Paul Torremans Index

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Book SynopsisThe increasing shift towards digital publishing has provoked much debate concerning the issues surrounding ?'Open Access?' (OA), including its economic implications. This timely book considers how the future of academic publishing might look in a purely digital environment and utilises unique empirical data in order to analyze the experiences of researchers with, as well as attitudes towards, OA publishing.Presenting findings from a novel, in-depth survey with more than 10,000 respondents from 25 countries, this book shows that the research culture of scientific research differs considerably between disciplines and countries. These differences significantly determine the role of both '?gold?' and '?green?' forms of OA and foster both opportunity and risk. Discussing their findings in the light of recent policy attempts to foster OA, Thomas Eger and Marc Scheufen reveal considerable shortcomings and lack of knowledge on fundamental features of the academic publishing market and conclude by highlighting a policy agenda for its future development.Well-timed and far-reaching, this book will be of particular interest to students and scholars interested in the economic analysis of copyright law. Academic librarians and research sponsors will also benefit from the insights offered.Trade Review'This is the most comprehensive study on open access academic publishing. It covers the economic and legal aspects of this market of ideas, including the actual importance, shortcomings and potential developments of open access and is therefore a must for everyone interested in the organization of academic publishing. The authors provide a new and concise look on open access publishing, its economic consequences and legal requirements based on thorough empirical research in many countries.' --Hans-Bernd Schäfer, Bucerius Law School, GermanyTable of ContentsContents: 1. Introduction 2. The Academic Publishing Market 3. An International Survey Analysis 4. Policy Implications and the Way Forward 5. Summary and Outlook Appendices References Index

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Book SynopsisFederica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book. Adopting a comparative approach focusing on the United States, Canada and Italy, Dr Giovanella skilfully explores the strategies through which judges solve conflicts between Internet users' data protection and copyright holders' enforceable rights. Using research centred on a selection of lawsuits in which copyright holders attempted to enforce their rights against Internet users suspected of illegal file-sharing, this book analyses the cases and regulatory frameworks concerning both privacy and copyright. Copyright and Information Privacy demonstrates that these decisions were ultimately the by-products of different policy conceptions of the two conflicting rights. Whilst providing a comprehensive analysis of the conflict between copyright and data protection, this book also stimulates the debate surrounding the role that judges have in balancing conflicting rights, and examines their reasoning in resolving such conflict, taking into consideration the process of conceptual balancing. Perceptive and contemporary in topic, this book will be beneficial to both scholars and students of intellectual property, privacy, and comparative law.Trade Review'Federica Giovanella's book represents a fascinating and unusual analysis of the way judges balance rights. Her comparative analysis and her thorough investigation of copyright and data protection law and of their conflicts sheds new light on balancing and on the role that judges play in legal systems.' --Giovanni Sartor, European University Institute, Italy'In a world where technological development allows new forms of copyright infringement and privacy violations, what is the basis of decisions taken by lower courts when they find themselves facing the conflict between privacy and copyright? In this elegantly written book Federica Giovanella takes us on a fascinating journey in different countries to explain how the conception of privacy and copyright affects judicial decision-making.' --Cedric Manara, EDHEC Business School, FranceTable of ContentsContents: Introduction 1. The thorny issue of balancing rights 2. Copyright and file-sharing regulation in the US, Canada and Italy 3. Personal data protection legislation 4. Copyright vs. data protection: case studies 5. Conclusions: Conceptual Balancing Bibliography Index

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Book SynopsisWith an acceleration in the last decades, the language of property, piracy and theft has become mainstream in copyright matters. Scholars have argued that this latent propertization has progressively led to the undue expansion of copyright and an enclosure of knowledge, causing clashes with users' fundamental rights and EU social and cultural policies. Challenging the validity of such critiques, Propertizing European Copyright demonstrates that these distortive effects are only the result of mishandled property rhetoric and that a commitment to copyright propertization could enable a more internally consistent and balanced development of EU copyright law. To prove the point, the book provides a comprehensive analysis of causes and effects of propertization in copyright history, comparing the impact of private and constitutional property doctrines in selected national experiences with the unsystematic propertization of EU copyright. The author argues for a systemization of EU copyright law, and provides practical examples of how propertization could help tackling the pitfalls of the harmonization process, achieving a greater interpretative coherence and a more stable copyright balance. Academics and policy makers engaged in the debate on EU copyright harmonization will find the multidisciplinary approach employed in this work compelling. Judges, practitioners and graduate students interested in deepening their knowledge of the construction of EU copyright will also find in this book an all-encompassing resource, rich in practical and theoretical insight.Trade Review'This book offers a fresh perspective into copyright law and questions the approach to copyright as a property right alone. It explores how the propertization of copyright has affected the law using civil and comparative law tools. The author forces us to take one step back and reconsider what the origins of copyright are, where we currently stand and what our future aims should be. A thought-provoking yet highly practical piece of work which takes a holistic approach to EU copyright.' --Irini Stamatoudi, Director, Hellenic Copyright Organization, Greece'A lot has been written about the harmonisation of EU copyright law, but this study offers a fundamental analysis by going back to the concept of the propertization of copyright. The current EU framework turns out to be inconsistent and based on hybrid narratives. Through a comparative analysis of national copyright regimes a proper constitutional propertization is proposed, with a key role for the social function doctrine. This study is a vital contribution to the understanding of copyright law.' --Paul Torremans, The University of Nottingham, UKTable of ContentsContents: Introduction 1. The theoretical framework of copyright propertization 2. Droit d’auteur, copyright and the historical epiphanies of propertization 3. The EU copyright model, or how to lose the compass in a systemic chaos 4. The different faces and effects of copyright propertization: EU vs Member States 5. The social function of copyright as property right 6. Building and harmonizing EU copyright law within the property framework: a four-dimensional experiment of systematization Conclusions Bibliography Index

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