Copyright law Books

Book SynopsisThis ground-breaking and timely contribution to the field of Intellectual Property law explores the implications of 3D Printing and Additive Manufacturing in three core jurisdictions: the UK, USA and Australia. Providing in-depth analysis of the current state of affairs, as well as outlining future issues and developments, 3D Printing and Beyond addresses both the challenges and opportunities created by 3D Printing.Bringing together both academic and practical experts, the original contributions to this book consider the regulation of new, emerging and future technologies and their implications for the legal landscape. The book goes beyond 3D printing and its relationship with intellectual property to the realms of ethics, contracts, socio-legal aspects and economics. Intellectual property academics will greatly benefit from reading this book, as it not only explores the myriad ways in which 3D printing has altered the horizon of IP law, but also offers ideas for areas of future research. Practitioners and policy makers will also benefit from the useful examples and cases used in this book.Contributors include: T. Berger, S. Bradshaw, R. Brownsword, A. Daly, D. Desai, E. Ferrill, T. Holbrook, D. Hong, K. Horn, M. Lemley, R. MacKichan, T. Margoni, C. McKinley, D. Mendis, P. Menell, M. Mimler, D. Nicol, J. Nielsen, M. Rimmer, A. Scardamaglia, R. VaccaTrade Review3D Printing and Beyond is a thoroughly considered and impressive exposition of US, UK, and Australian IP law in the context of 3D printing. The distinguished group of authors, all of whom are thought leaders on the issues of 3D printing and IP, explore the law as it exists and perceived gaps, potential market responses to 3D printing-driven democratization of manufacturing, whether new laws are needed and what they would look like, and the applicability and enforceability of current and future IP laws in a 3D printed world. Interspersed with detailed analyses of the potential impact of 3D printing on patent, copyright, trade secret, trademark and trade dress, and design laws, and the effect of such laws on 3D printing, are intellectually stimulating essays on the potential economic and societal effects of 3D printing. The book wraps up with a fascinating discussion of the emerging issue of 3D printcrime. This book is a must-read for anyone interested in the intersection of IP law and 3D printing, and beyond.' --John Hornick, author of the award-winning book, 3D Printing Will Rock the World and Finnegan LLP'3D Printing and Beyond serves as a helpful guide for thinking about patents, design protection, trademark, and copyright in relation to 3D printing in three important jurisdictions. It is a useful resource for anyone trying to begin to understand the challenges that emerge as this technology matures and reaches deeper into our everyday lives.' --Michael Weinberg, New York University, School of Law, US'As a pioneer in the 3D printing industry for the past 30 years, Materialise has head started some of the most innovative projects. As such, we understand the technology and the challenges of creating digital supply chains very well. Now that the technology is becoming more broadly adopted and many companies see the great potential of 3D printing to produce mass customized products, it is very important to understand the emerging intellectual property and legal challenges. Therefore, we very much welcome this book's effort to go beyond the hype and raise some important questions surrounding intellectual property and regulation concerning the challenges and opportunities of 3D printing as an enabler of digital supply chains. Now, more than ever, it is time to raise such questions on how we are going to collaborate in the future between the private and public sectors in order to make sure that we do not inhibit innovation while creating something that is good and safe for our society.' --Lieven Claerhout, Bram Smits and Materialise, BelgiumTable of ContentsContents: Preface Introduction From the maker movement to the 3D printing era: opportunities and challenges Dinusha Mendis, Mark Lemley and Matthew Rimmer 1. IP in a world without scarcity Mark A. Lemley Part I United Kingdom 2. Mind the gap’: From engravings to 3D designs and 3D scans: re-evaluating copyright law in a 3D printing world Dinusha Mendis 3. Design rights and 3D printing in the UK: Balancing innovation and creativity in a (dis)harmonised and fragmented legal framework Thomas Margoni 4. Digital trade mark infringement and 3D printing implications: What does the future hold? Dukki Hong and Simon Bradshaw 5. 3D printing and patent law – a UK perspective: apt and ready? Marc D. Mimler 6. Transformative technologies and responsive legal scholarship Roger Brownsword Part II United States of America 7. 3D printing and US copyright law: implications for software, enforcement and business strategies Peter S. Menell and Ryan Vacca 8. Integrating a classic tool for a modern US challenge: US design patents implications for 3D printing Elizabeth Ferrill, Robert MacKichan, Christopher McKinley and Kelly Horn 9. How 3D printing disrupts trade dress protection and resurrects the need for source and quality assurance Deven Desai 10. Remedies for digital patent infringement: A perspective from USA Timothy Holbrook 11. How democratized production challenges society’s ability to regulate Deven Desai Part III Australia 12. Makers Empire: Australian copyright law, 3D printing and the ‘Ideas Boom’ Matthew Rimmer 13. ‘Substantial similarity’ under Australian design law: application to 3D printing Tyrone Berger 14. Trade mark controversies in 3D printing: An Australian perspective Amanda Scardamaglia 15. The reform challenge: Australian patent law and the emergence of 3D printing Jane Nielsen and Dianne Nicol 16. Don’t believe the hype? Recent 3D printing developments for law and society Angela Daly Conclusion: The future of printcrime: intellectual property, innovation law and 3D printing Dinusha Mendis, Mark Lemley and Matthew Rimmer Index

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Book Synopsis'Copyright law has always somehow managed to adapt to new technological and social developments as well as to new artistic and creative practices. However, every time such a development occurs, the legitimate question arises if the system is adaptable or if the breakthrough is so gigantic that a new system needs to be elaborated. In any case, new scholarly reflections are needed in regular intervals and that is exactly the purpose of this fascinating edited collection by Enrico Bonadio and Nicola Lucchi on non-conventional copyright, exploring from various angles the copyright issues of all sorts of creations ranging from unconventional art forms, new music and atypical cultural practices to new advances in technology, not forgetting to investigate the delicate issues around copyright on illegal and immoral works.'- Christophe Geiger, University of Strasbourg, France Copyright law constantly evolves to keep up with societal changes and technological advances. Contemporary forms of creativity can threaten the comfortable conceptions of copyright law as creative people continually find new ways of expressing themselves. In this context, Non-Conventional Copyright identifies possible new spaces for copyright protection. With current copyright law in mind, the contributions explore if the law should be more flexible as to whether new or unconventional forms of expression - including graffiti, tattoos, land art, conceptual art and bio art, engineered DNA, sport movements, jokes, magic tricks, DJ sets, perfume making, typefaces, or illegal and immoral works - deserve protection. Vitally, the contributors suggest that it may be time to challenge some of the basic tenets of copyright laws by embracing more flexible ways to identify protectable works and interpret the current requirements for protection. Additionally, some contributors cast doubts about whether copyright is the right instrument to address and regulate these forms of expression. Contemporary in topic, this thought-provoking book will be essential reading for intellectual property law scholars, practitioners and policymakers. Creative people and those involved in the creative industries will also find this book an engaging read.Contributors include: E. Bonadio, S. Burke, C. Cronin, T. Dagne, T.W. Dornis, F.J. Dougherty, T.M. Gates, M.P. George, E. Haber, S. Karapapa, Y.M. King, T. Iverson, N. Lucchi, G. Mazziotti, J. McCutcheon, L. McDonagh, M. Maggiore, P. Mezei, M. Mimler, A.G. Scaria, C.Y.N. Smith, X. TangTrade Review‘This edited volume provides a rich collection of material that invites further discussion and reflection. The book could not be timelier and the arguments made by the various authors will continue to be relevant even in the near and distant future. Non-Conventional Copyright is not only highly entertaining to read and a valuable resource to resort back to. Moreover it provides as a compilation a balanced view on the arguments for and against copyright protection.’ -- Bernd Justin Jütte, Archiv für Medienrecht und Medienwissenschaft‘(This book) has all the features that make it a must-read for every researcher, student and practitioner who works in the field of copyright and wants to understand the directions that copyright is taking from the perspective of its flexibility, absorbing capacity and DNA modifications—all features that are going to determine, but also to be influenced by, the subject-matters it will cover in the next decades.’ -- Caterina Sganga, European Intellectual Property Review‘Enrico Banadio and Nicola Lucchi should be congratulated for curating this edited volume which is both topical and ambitious in its coverage.’ -- Poona Mysoor, The Modern Law Review‘This creative and philosophical text is full of examples of works that could, or should, fall within a more flexible interpretation of copyrighted works. It is an engaging read and provides plain-language analyses of new media, protection of new works, and what works should be protected. Librarians, novice lawyers, and even experienced lawyers will appreciate this text, and it is a must-have for any creator or an academic or intellectual property practice collection.’ -- Laura Lemmens, Global Governance of Intellectual Property in the 21st Century‘This handbook is the most up-to-date and comprehensive treatment of unconventional copyright law in existence proving to both scholars and students essential reading for a deeper understanding of under-researched areas. As potent, ambitious, often provocative bundle of diverse topics associated with alternative and highly unique forms of artistic expressions, the authors display considerable intellectual nimbleness and provide a stalwart, persuasive discussion of an openminded copyright regime at a moment when its reputation appears fouled.’ -- Ines Duhanic, Journal of Intellectual Property Law & Practice>‘This book would appeal to anyone with an interest in copyright, including practitioners, lawyers, legislators, scholars and students alike. It is easily accessible to non-experts in the delivery that focus on the creative expression, but the in-depth analysis also captures the minds of those well versed in copyright. It’s got all the contemporary buzzwords it needs to get anyone excited about debating copyright, and raises some important questions about the future and evolution of copyright protection and creativity.’ -- The IPKat ‘Copyright law has always somehow managed to adapt to new technological and social developments as well as to new artistic and creative practices. However, every time such a development occurs, the legitimate question arises if the system is adaptable or if the breakthrough is so gigantic that a new system needs to be elaborated. In any case, new scholarly reflections are needed in regular intervals and that is exactly the purpose of this fascinating edited collection by Enrico Bonadio and Nicola Lucchi on non-conventional copyright, exploring from various angles the copyright issues of all sorts of creations ranging from unconventional art forms, new music and atypical cultural practices to new advances in technology, not forgetting to investigate the delicate issues around copyright on illegal and immoral works.’ -- Christophe Geiger, University of Strasbourg, France‘A thought-provoking assemblage of fascinating examinations of creations at the margins of copyright, this collection will surely stimulate debate about the appropriate subject matter of copyright. It ranges from long-disputed examples, such as culinary creations and pornography, to cutting-edge endeavors, such as “bio art” and computer-generated works. Different rationales underlie the contentious character of each claimant to copyright status; this book engagingly invites us to contemplate the “why” as much as the "what" of copyright law.’ -- Jane C. Ginsburg, Columbia University, School of Law, US‘This new volume, edited by Enrico Bonadio and Nicola Lucchi, is impressive not just for the diversity of creative practices that it covers but also for the diversity of its contributors. Legal scholars from Europe, North America, Asia, and Australia share their insights on an incredibly wide range of artistic fields. These chapters do not simply show where copyright law might be heading in the twenty-first century. They also reorient our thinking about more conventional media and the legal issues they will face.’ -- Christopher Buccafusco, Cardozo Law School, Yeshiva University, US‘Now is the right time to address the status of subject matter not conventionally protected by copyright law. This challenging task has been carried out by a highly qualified group of expert commentators in this stimulating, informative and, at times, provocative collection of essays that deal with the protectability of subject matter as diverse as land art, graffiti, culinary preparations, improvised music, jokes, news items, 3D printing and DNA sequences, as well as the legal and moral limits that apply to copyright protection generally. This is a timely examination of the boundaries of contemporary copyright law.’ -- Sam Ricketson, The University of Melbourne, AustraliaTable of ContentsContents: Introduction: Setting the scene for non-conventional copyright Enrico Bonadio and Nicola Lucchi PART I ART 1. Copyright in the Expanded Field: On Land Art and Other New Mediums Xiyin Tang 2. Copyright and Conceptual Art Shane Burke 3. Copyright in Bio art Jani McCutcheon 4. Street art, graffiti and copyright Enrico Bonadio 5. Copyright Protection of Tattoos Yolanda M. King 6. Copyright in Culinary Presentations Cathay Y. N. Smith PART II MUSIC AND CULTURE 7. Protecting traditional music under Copyright (and choosing not to enforce it) Luke McDonagh 8. Music improvisation and copyright Giuseppe Mazziotti 9. Original Compilations of Musical Works: Can DJ Sets Be Protected by Copyright? Tom Iverson 10. Copyright Protection for Modern Comedic Material Trevor M. Gates 11. Now You Own It, Now You Don’t - Or Do You? Copyright and Related Rights in Magic Productions and Performances F. Jay Dougherty 12. Copyright protection of sport moves Péter Mezei PART III INDUSTRY AND SCIENCE 13. Copyright and typefaces Arul George Scaria and Mathews P. George 14. The press publishers’ right in the European Union: An overreaching proposal and the future of news online Stavroula Karapapa 15. Law and Odor: Elusive Copyright and Other IP Protection for Fragrances Charles Cronin 16. Subsistence of Copyright over CAD files in 3D Printing: The Canadian, the U.S. and European Outlook Teshager Dagne 17. Copyrightability of Engineered DNA Sequences Nicola Lucchi 18. Artificial Intelligence, Computer Generated Works and Copyright Massimo Maggiore PART IV ILLEGALITY AND IMMORALITY 19. Copyright Protection of Illegal Works Eldar Haber 20. Copyright and Pornography Enrico Bonadio and Nicola Lucchi 21. On How to Deal with Pandora’s Box – Copyright in Works of Nazi Leaders Marc Mimler ECONOMIC EPILOGUE 22. Non-Conventional Copyright: An Economic Perspective Tim W. Dornis Index

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Book SynopsisThis significantly revised and updated second edition builds upon the authoritative foundations of the first edition. It addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result.Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination. It provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements. This unique Commentary describes and analyses each EU directive in turn and discusses anticipated future challenges, utilising a clear structure to enable the reader to navigate the Commentary effectively.Written by a team of leading experts in the field, this Commentary combines theory and practice to tackle the role of copyright in society and the economy, making this a key resource for academics, researchers, practitioners and policymakers in copyright and comparative law.Trade Review‘Professor Stamatoudi and Professor Torremans have produced a wide-ranging and comprehensive study of European copyright law in the second edition of their text. The genius of the book is the decision to entrust the different chapters on various aspects of European laws to a collection of copyright experts from across the continent and beyond. Professor Stamatoudi and Professor Torremans have delivered an outstanding book that is a worthy addition to the library of any serious copyright scholar and legal practitioner. The authors should be congratulated on their efforts in this worthy text.’ -- Dilan Thampapillai, Intellectual Property Forum‘The second edition of EU Copyright Law - A Commentary, edited by Professors Irini Stamatoudi and Paul Torremans, is an impressive volume. But it is not merely a quantitative assessment that makes this volume impressive. Of praise is the four-part structure, which cleverly combines general principles with essentially all secondary legislation in the copyright field, and two final parts covering respectively current policy actions and the future of the EU copyright acquis.’ -- Thomas Margoni, EU Law Live’This is a very useful publication on European copyright law. Written by recognized experts, it covers all legislative sources, even the most recent, such as the directives relating to the Digital Single Market. At the same time, the Commentary places these various directives and regulations in a more general framework, explaining them in their historical and political context whilst taking into account the main principles of European Union law.’ -- - Frank Gotzen, KU Leuven, BelgiumTable of ContentsContents: Introduction 1 Irini Stamatoudi and Paul Torremans PART I GENERAL PRINCIPLES OF EUROPEAN COPYRIGHT 1. Is there a concept of European copyright law? History, evolution, policies and politics and the acquis communautaire 6 Agnès Lucas-Schloetter 2. The principle of non-discrimination 17 Cristiana Sappa 3. The principle of free movement of goods: community exhaustion and parallel imports 33 Benedetta Ubertazzi 4. The essential facilities principle and other issues of competition 44 Alison Firth PART II THE EU DIRECTIVES AND REGULATIONS 5. The Software Directive 75 Marie-Christine Janssens 6. The Rental and Lending Rights Directive 118 Sylvie Nérisson 7. The Satellite and Cable Directive 151 Jan Rosén 8. The Term Directive 180 Gemma Minero 9. The Database Directive 216 Estelle Derclaye 10. The Resale Right Directive 255 Jens Gaster and Irini Stamatoudi 11. The Information Society Directive 279 Christophe Geiger, Franciska Schönherr, Irini Stamatoudi, Paul Torremans and Stavroula Karapapa 12. The Enforcement Directive 381 Irini Stamatoudi and Olivier Vrins 13. The Orphan Works Directive 479 Uma Suthersanen and Maria Mercedes Frabboni 14. The Collective Rights Management Directive 515 Lucie Guibault and Sabine Jacques 15. The Portability Regulation 575 Katja Weckström Lindroos and Nguyen Ho Bich Hang 16. The Marrakesh Treaty on Certain Permitted Uses for the Benefit of Blind, Visually Impaired and Print-disabled Persons 610 Raquel Xalabarder 17. The Digital Single Market Directive 651 Irini Stamatoudi and Paul Torremans 18. Access and re-use of public sector information in a copyright perspective 762 Cristiana Sappa 19. A United States perspective on Digital Single Market Directive Article 17 782 Jane C. Ginsburg 20. The Netcab Directive 798 Tom Rivers PART III EU POLICIES AND ACTIONS 21. The EU policies and actions in the fight against piracy 814 Olivier Vrins 22. Bringing Europe’s cultural heritage online: initiatives and challenges 937 Nadine Klass, Hajo Rüpp and Julia Wildgans 23. From a ‘Digital Agenda for Europe’, to a ‘Digital Single Market’, to a ‘Europe Fit for the Digital Age’: a decade of European Union copyright policy in the shadow of crises 967 Benjamin Farrand 24. Intellectual property and the EU rules on private international law: match or mismatch? 989 Paul Torremans 25. The export of EU copyright law: the example of the Free Trade Agreements 1024 Zoi Mavroskoti PART IV PRESENT AND FUTURE OF COPYRIGHT IN THE EUROPEAN UNION 26. The EU stance in international matters 1051 Gillian Davies and Bernd Justin Jütte 27. The role of the Court of Justice in the development of EU copyright law: an empirical experience 1073 Marcella Favale 28. Towards a European copyright law: territoriality and limitations and exceptions as major outstanding issues 1087 Paul Torremans and Khamchanh Keosomphan 29. Advocating an EU copyright title 1104 Alain Strowel 30. Conclusion 1118 Irini Stamatoudi and Paul Torremans Index 1123

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Book SynopsisThis substantially revised second edition evaluates the Directive on Copyright in the Information Society and its interpretation by the European Court of Justice in the light of its implementation and application in the EU's 28 member states. Following the initial implementation of the Directive, many member states have enacted further legislation to supplement or refine their earlier implementation: this edition will take these important developments into account. Key features of the updated second edition include: Chapters authored by experts from all 28 member states, providing detailed analysis on how the Directive has been implemented and applied on a national level Contextual chapters on the relevant WIPO treaties and the Directive that highlight areas of discretion left to national legislators Updated review of the European Court's case law that serves to interpret the Directive Expanded foreword by Dr Jörg Reinbothe, the architect of the Directive. Combining practical information on implementation of the Directive with the latest academic research this book will be of great value to policy makers, practising lawyers and researchers alike. The book will be of particular interest for the further development of copyright in the Digital Single Market since it captures the status quo of copyright protection in the member states at a decisive moment in the legislative debate. Contributors include: P. Adamsson, P. Akester, T. Aplin, S.L. Azzopardi, J. Bordans, A. Demetriades, W.Z. Dziomdziora, S. Ercolani, N. Epaminonda, M. Ficsor, P.M. Grimaud, K. Harenko, E. Ivanauskiene, J. Jost, G. Kadlecová, P. Kamina, V. Krizova, M.G. León, B. Lindner, K. Manhaeve, B. Michaux, V. Näslund, S. Olsovsky, F. Philapitsch, A. Quaedvlieg, L. Scales, M. Schaefer, T. Schiltz, P. Schønning, T. Shapiro, V. Sokolov, M. Trampuz, E. Vagena, M. Valousek, I. Veiksa, M. Voican, R.M. VuckovicTrade Review'The second edition of this important and thorough book has grown by more than 25 percent to include updates of the relevant international and EU norms and developments, and in particular the interpretation by the Court of Justice of the EU, as well as national law reports by 28 authors from the respective member states. Containing in-depth and critical analyses, excellently written, this book offers a refreshing and rewarding experience!' --Silke von Lewinski, Max Planck Institute for Innovation and Competition, GermanyTable of ContentsContents: Preface by the editors Foreword by Jörg Reinbothe Part I 1. The WIPO Treaties Brigitte Lindner Part II 2. Directive 2001/29/EC on copyright in the information society Ted Shapiro Part III Implementation of Directive 2001/29/EC in the Member States of the European Union 3. Austria Florian Philapitsch 4. Belgium Benoit Michaux 5. Bulgaria Velizar Sokolov 6. Croatia Romana Matanovac Vučković 7. Cyprus Achilleas Demetriades and Nicoletta Epaminonda 8. Czech Republic Veronika Křížová, Martin Valoušek and Gabriela Kadlecová 9. Denmark Peter Schønning 10. Estonia Viive Näslund 11. Finland Kristiina Harenko 12. France Pascal Kamina 13. Germany Martin Schaefer and Brigitte Lindner 14. Greece Evangelia Vagena 15. Hungary Mihaly Ficsor 16. Ireland Linda Scales 17. Italy Stefania Ercolani 18. Latvia Janis Bordans and Ingrida Veiksa 19. Lithuania Edita Ivanauskiene 20. Luxembourg Katia Manhaeve and Thierry Schiltz 21. Malta Paul Micallef Grimaud and Sarah Louise Azzopardi 22. Netherlands Antoon Quaedvlieg 23. Poland Wojciech Z. Dziomdziora 24. Portugal Patricia Akester 25. Romania Maria Voican 26. Slovak Republic Slavomir Olsovsky and Jakub Jošt 27. Slovenia Miha Trampuz 28. Spain Marta García León 29. Sweden Peter Adamsson 30. United Kingdom Tanya Aplin Bibliography Index

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Book SynopsisThis timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU's legal framework for the protection and enforcement of copyright. Taking a comparative approach, contributions from both leading and emerging scholars offer a variety of perspectives and methodologies through which to examine copyright law in the context of the digital economy. They investigate issues such as the relationship between private and public enforcement mechanisms, the parallels and divergences between US and European approaches, and the influence of the Court of Justice of the EU and the European Court of Human Rights on national courts and the European legal regime. Scholars of comparative and European law, as well as those with a particular interest in copyright in the context of digital technologies will find this an essential read. It will also prove useful to practitioners looking to understand recent trends in the interpretation of the EU legal framework around copyright. Contributors include: M. Bassini, G.G. Codiglione, F. Macmillan, M.L. Montagnani, T. Mylly, O. Pollicino, E. Psychogiopoulou, G.M. Riccio, O. Soldatov, A. Strowel, A. TrapovaTable of ContentsContents: 1 Introduction 1 Oreste Pollicino, Giovanni Maria Riccio, Marco Bassini 2 ‘Speaking truth to power’: copyright and the control of speech 6 Fiona Macmillan 3 Copyright strengthened by the Court of Justice interpretation of Article 17(2) of the EU Charter of Fundamental Rights 28 Alain Strowel 4 Regulating with rights proportionality? Copyright, fundamental rights and internet in the case law of the Court of Justice of the European Union 54 Tuomas Mylly 5 Copyright and fundamental rights in European Court of Human Rights case law 99 Oleg Soldatov 6 Cultural rights, cultural diversity and the EU’s copyright regime: the battlefield of exceptions and limitations to protected content 124 Evangelia Psychogiopoulou 7 The influence of the Court of Justice of the European Union on national courts in copyright cases 155 Giovanni Maria Riccio 8 US and EU: diverging or intertwined paths? 188 Maria Lillà Montagnani and Alina Trapova 9 From private enforcement to public enforcement. Copyright enforcement in the digital age: a comparative overview 216 Giorgio Giannone Codiglione and Marco Bassini Index

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Book SynopsisReconciling Copyright with Cumulative Creativity: The Third Paradigm examines the long history of creativity, from cave art to digital remix, in order to demonstrate a consistent disparity between the traditional cumulative mechanics of creativity and modern copyright policies. From Platonic mimesis to Shakespeare's 'borrowed feathers', culture was produced under a paradigm in which imitation, plagiarism, and social authorship formed key elements of the creative moment (the 1st paradigm). However, the cumulative nature of creativity is rarely accounted for in modern copyright policies, which build upon a post-Romantic individualistic view emphasizing absolute originality rather than imitation (the 2nd paradigm). Today, in an era of networked mass collaboration and user-based creativity, the enclosure of knowledge brought about by an ever-expanding copyright paradigm seems archaic, and a deliberate defiance of inevitable cultural evolution. Giancarlo Frosio calls for returning creativity to an inclusive rather than exclusive process, so that the 1st and 2nd creative paradigms can be reconciled into an emerging third paradigm. This ground-breaking work will appeal to those interested in both the history and future of creativity and copyright.Trade Review'In this important book, Giancarlo Frosio combines historical insight and legal scholarship to prove what many of us have suspected for a while: that the current, exclusivity-based paradigm of copyright no longer is optimal to foster creativity. Accordingly, he identifies the features of the emerging inclusive and open model enabled by digital technology and advocates the regulatory changes which are required to pave the way to the success of this new paradigm.' --Marco Ricolfi, University of Turin, ItalyTable of ContentsContents 1ST PARADIGM: HARMONY 1. Cumulative Creativity, Collaboration and Borrowing 2. Oral-formulaic Tradition, Popular Culture and Iconic Characters 3. Gift, Market and Patrons 4. Individualism and the Original Genius 2ND PARADIGM: SEPARATION 5. The Road to Propertization and Enclosure 6. Imprisoned Characters and ‘Feared’ Uses 7. Corporate-Driven Culture and Cultural Diversity; Intermezzo: Digital threat or renaissance? 3RD PARADIGM: RECONCILIATION 8. From the Oral Formulaic Tradition to Digital Remix 9. The Return of the Gift 10. The Temple of Digital Enlightenment Epilogue 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 SynopsisThe Unrealized Promise of the Next Great Copyright Act provides a unique perspective on one of the most active periods of copyright policy discourse in the United States since the enactment of the Copyright Act of 1976. Using the then-Register of Copyrights Maria Pallante's landmark speech of 2013 The Next Great Copyright Act as a catalyst, Christopher S. Reed documents and assesses the major issues confronting the U.S. copyright system today. The book offers an inside view of the Copyright Office's attempts at reform as part of a comprehensive account of the complex dynamics between key stakeholder communities, government and legislation. Chapters also explore relevant areas of copyright such as orphan works and mass digitization, online copyright enforcement, visual arts and music licensing, and demonstrate that despite previous difficulties the time is now ripe for an update to U.S. copyright law. This insightful book will be of great value to scholars and legal practitioners with a focus on copyright law and policy, and will also prove a useful resource for instructors teaching copyright policy at an advanced level. Others with an interest in intellectual property, technology and connected culture, or politics and government will also find this book an engaging read.Trade Review'This is an insightful and fascinating read for anyone interested in the history and future of copyright law. As a prolific photographer and attorney (as well as a former senior policy advisor for the U.S. Copyright Office), Christopher S. Reed writes from a unique, bird's eye perspective on the public's perception of copyright issues and legislation, and what the future of copyright policy may hold. Definitely a must read!' --Keith Kupferschmid, Copyright Alliance, US'Christopher S. Reed sets the stage to understand the current history of the Copyright Office and the Copyright Act. His book is interesting and insightful, creating a record that will be important to scholars and historians at a key time in our copyright development. For anyone teaching or wanting to know about current issues within the context of the last few years, this is the go-to book. Reed knows his stuff, and makes it understandable and readable too.' --Elizabeth Townsend Gard, Tulane University, USTable of ContentsContents: Preface PART I 1. New beginnings 2. Thinking a little more boldly PART II 3. Orphan works and mass digitization 4. Online copyright enforcement 5. Copyright protection systems 6. Visual arts 7. Music licensing 8. Cable, satellite, and the future of television 9. Administering the copyright law PART III 10. Regime changes 11. Toward the next great copyright act? Index

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Book SynopsisThe right of copyright owners to make their content available to the public is crucial in an environment driven by access. The Making Available Right provides in-depth analysis of this exclusive right and offers insights on how we can approach the right in a more transparent and principled manner. Cheryl Foong articulates a conceptual framework for understanding this right in a dynamic communications environment, critically examines the similarities and differences in its implementation across the United States, the European Union and Australia, and draws out underlying themes that serve as lessons for reform. The author builds an analytical framework for the making available right that addresses copyright's underappreciated dissemination function - i.e. encouraging the dissemination of content to the public - in conjunction with its authorship function. This thought-provoking book brings together detailed analysis of the law and a broader consideration of copyright's fundamental aims, and will be of interest to judges, practitioners and scholars concerned about how copyright deals with access going forward.Trade Review'Cheryl Foong has gone in to bat for copyright dissemination and scored a century. She shows that the making available right, ''the key right in the digital age'', can become an unfailing instrument of dissemination. How? Consult her interpretive matrix - and the rest of this dense but rewarding book.' --Ben Atkinson, James Cook University, AustraliaTable of ContentsContents: Acknowledgements PART I – Theoretical and Contextual Framework 1. Introduction: Establishing copyright principles for an access world 2. Copyright’s history, theory and context PART II – International, Regional and National Development 3. The Internet Treaties: Introducing the making available right 4. National and regional implementation: US, EU and Australia PART III – Underlying Problems and lessons for reform 5. Interpreting “the public”: A focus on copyright owners’ perspectives 6. Interpreting the “act”: Superficial analysis of a crucial element PART IV – Solutions and Future Pathways 7. Conceptual framework for the future 8. Conclusion: Towards principled and transparent decision-making Index

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Book SynopsisAs the Internet continues to alter our online world, the structure of copyright in its current form becomes inadequate and unfit for purpose. In this bold and persuasive work, Daniel Gervais argues that the international copyright system is in need of a root and branch rethink. This ambitious and far-reaching book sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform.This book’s main objectives are to identify structural and other deficiencies within the current system, and to outline a structured approach to copyright reform. Part I of the book is thus diagnostic in nature, Part II offers detailed and concrete pathways to improve the current system, whilst in the Epilogue, a clear path to revise the Berne Convention is proposed.Contributing a reasoned and novel voice to a debate that is all too often driven by ignorance and partisan self-interest, this book will be required reading for all copyright scholars and practitioners with an interest in the future direction of the field.Trade Review‘(Re)structuring Copyright is a page-turner book that sheds light on the structural flaws of the copyright framework while proposing substantial reforms in view of the challenges of the 21st century. This provocative title is a must-read not only for policymakers, academics, and practitioners focused on copyright but also for anyone who wants to delve into this field.’ -- Verónica Rodríguez Arguijo, The IPKat‘If WIPO was instructive, then Gervais’ new book is positively illuminating. From its demure law-like binding and meticulously researched pages emerge existential and ontological questions of the highest order focused, in particular, upon Gervais’ concern for the stimulation, nurturing and protection of creation, talent and creativity by re-structuring copyright law to further those purposes against the complex legal background of what constitutes originality and fixation. With rhetorical flare and an infectious passion, Gervais sets out the history, and worries about the future of human progress with reference to the kinds of terra-à-terre issues we face in realms such as the MSF’s entanglement with big pharma, by setting out the rather slipshod approach that has lurched forward in response to efforts of creators who have sought to protect the products of their genius.’ -- AmeriQuests‘This is a very well-written book filled with excellently reasoned exposition and novel ideas. . . This book will be most useful to policy makers and national legislators who are involved in any effort to reform copyright, and are looking for ways to understand and approach the task of restructuring copyright, both internationally and domestically. As an academic text, it is a thought-provoking text with novel ideas and proposals that will be of interest to any copyright scholar researching international copyright treaties and rules, as well as to any copyright student looking for controversial areas of reform to form the basis of their studies and essays.’ -- Queen Mary Journal of Intellectual Property‘Addressed to both academics and policy makers alike, (Re)Structuring Copyright is surely going to raise a great deal of interest among those who are interested in the elucidation of copyright norms. A highly recommended read.' -- Journal of Intellectual Property Law and PracticeTable of ContentsContents: PART I IDENTIFYING STRUCTURAL ISSUES 1. Copyright in Common Law Jurisdictions 2. The International Emergence of Author’s Rights 3. The Three-Step Test 4. Protection Thresholds: Originality and Fixation 5. Vicarious and Participative Creativity 6. A Place for Authors 7. A Place for Users PART II PROPOSED STRUCTURAL REFORMS 8. The Quadrants of Authorship 9. Structuring the Right(s) 10. Structuring Exceptions and Limitations 11. Collective and Extended Licensing 12. Formalities 14. Copyright and Development Index

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Book SynopsisA New Framework for Intermediary Liability presents a step-by-step framework for determining when internet intermediaries ought to have a duty to act to prevent copyright infringement on their platforms and services.This timely book argues that intermediary liability for copyright infringement should be focused on an intermediary’s actual responsibility for primary infringement and not simply its capacity to assist copyright owners in challenging infringement. Drawing on long-standing principles in the law of negligence, Kylie Pappalardo argues for a brand-new way to understand intermediary copyright liability and offers a means to distinguish innocent and responsible intermediaries at an early stage. Pappalardo reasons that a duty to act should only arise where the intermediary has causally contributed to the risk of infringement or where they have real and actual control over the actions of primary infringers.With astute consideration of the links between tort law and copyright, this book will be a compelling read for copyright scholars and researchers interested in intellectual property and technology law. Judges, lawyers and policymakers looking for guidance on how to define intermediary liability for copyright infringement will also find helpful direction in this book.Trade Review‘Kylie Pappalardo provides a compelling and articulate legal argument for reconsidering allocation of liability of online platforms for copyright infringement. Intermediary liability is an urgent public concern that needs adequate policy solutions as overenforcement might impact negatively upon users’ fundamental rights online. 'A New Framework for Intermediary Liability' deserves immediate attention by lawmakers, judges, scholars, and the public alike.’ -- Giancarlo Frosio, Queen's University BelfastTable of ContentsContents: 1. Introduction to intermediary copyright liability 2. Responsibility theory 3. Causation: grounding a duty to act 4. Control in the absence of causation 5. Breaching the duty to minimize the risk of infringement: the negligence calculus 6. Copyright harm 7. Industry codes of practice and reliance liability 8. Conclusion Index

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Book SynopsisThis comprehensive Research Handbook examines moral rights since their establishment in the 19th century and considers the roles they play in the 21st century in relation to the technological environment in which copyright exists. Drawing together rich perspectives on intellectual property law around the world, this Research Handbook provides new insights on the traditional issues of moral rights and analyses more recent challenges in copyright law, patent law, and trademark law. Chapters explore feminist theories of moral rights, the intellectual creations underlying trademarks, artificial intelligence and moral rights, as well as the protection of moral rights in China, Greece, Japan, and Latin America, among other regions. The Research Handbook also examines economic and other non-legal perspectives, as well as authors’ perspectives on what copyright and moral rights protection means to them. With contributions from both academic scholars and practising lawyers, this Research Handbook is a unique resource that will be essential reading for scholars and students in intellectual property, and for all those with an interest in copyright law. Trade Review‘This comprehensive Research Handbook brings together scholars from around the world to examine the origins, justifications, scope and limitations of moral rights. It covers many areas of intellectual property law and sheds light on cross-cultural differences, ongoing challenges and continued resistance. This volume could not have been published at a more opportune time when there are growing demands for greater protections for authenticity, artistic integrity and creative agency. It shows why moral rights protection not only is of contemporary relevance but also deserves our renewed attention.’ -- Peter K. Yu, Texas A&M University, US‘A panoramic and stimulating view of moral rights which, through a practical and up-to-date comparative law approach, shows that, even if they are ignored by the most recent international conventions, they do not belong to the past and allow authors to be guaranteed a certain control over their works.’ -- André Lucas, Nantes University, France‘The book reflects the sheer diversity of moral rights, of the jurisdictions that recognise them, of the interests they do or could protect, and of the angles from which they are viewed. Written by scholars from around the world, the work is a valuable and thought-provoking companion to those engaging with these rights and imagining their future.’ -- Elizabeth Adeney, formerly Deakin University, AustraliaTable of ContentsContents Epigraph: Excerpt from Testaments Betrayed: An Essay in Nine Parts xi Milan Kundera Introduction: a contemporary take on moral rights in intellectual property xiii Ysolde Gendreau PART I PHILOSOPHICAL ISSUES 1 In defence of honour? A case for moral rights from relational autonomy 2 Hannah Carnegy-Arbuthnott 2 The moral rights of the author – “All Quiet on the Eastern Front”? (a Polish perspective) 15 Sybilla Stanisławska-Kloc 3 Islamic legal philosophy and moral rights 48 Ezieddin Elmahjub 4 Against integrity: a feminist theory of moral rights, creative agency and attribution 60 Carys Craig and Anupriya Dhonchak 5 Civil Codes and authors’ rights 81 Laura Moscati PART II MORAL RIGHTS IN INDUSTRIAL PROPERTY RIGHTS 6 Inventor’s moral right and morality of patents 96 Nari Lee 7 Moral rights and industrial design 113 Giorgio Spedicato 8 Exploring moral interests in the intellectual creations underlying trademarks 134 Genevieve Wilkinson PART III TRADITIONAL MORAL RIGHTS DIVISIONS 9 Dualist vs. monist approaches to copyright within the European Union – an obstacle to the harmonization of moral rights? 152 Katharina de la Durantaye 10 Individual and collectively bargained contractual substitutes for moral rights in the US motion picture industry 167 F. Jay Dougherty PART IV CHALLENGES TO MORAL RIGHTS 11 The economic dimension of moral rights 186 Richard Watt 12 Moral rights for corporate entities 197 Pascal Kamina 13 Moral rights in cases involving multiple ownership 210 Tatiana Synodinou 14 “Sharing is caring”: Creative Commons, transformative culture, and moral rights protection 233 Alexandra Giannopoulou 15 Artificial intelligence and moral rights 251 Sérgio Branco and Beatriz Nunes 16 Exceptions and limitations to moral rights 267 Johan Axhamn 17 Designing a freedom of expression-compliant framework for moral rights in the EU: challenges and proposals 292 Christophe Geiger and Elena Izyumenko 18 Protection of moral rights in Greece, limitations and issues of abuse 315 Irini A. Stamatoudi 19 Moral rights and alternative dispute resolution 339 Brigitte Lindner 20 Private international law issues of moral rights 355 Paul L. C. Torremans PART V MORAL RIGHTS OUTSIDE EUROPE 21 Moral rights and the protection of traditional knowledge 370 Susy Frankel 22 Moral rights in Japan – ‘moral rights’ of juridical persons? 384 Tatsuhiro Ueno 23 Moral rights in China 399 Yong Wan 24 A reinforced protection to the constitutional fundamental right to authors’ moral rights in Latin America 413 Jhonny Antonio Pabón Cadavid 25 Moral rights of the author under Brazilian law: importance and challenges in the communication society and in the digital era 429 Silmara Juny de Abreu Chinellato 26 Moral rights in Commonwealth countries 443 Gillian Davies PART VI AUTHORS AND MORAL RIGHTS 27 Maybe he thought I was dead: a tale of moral rights and image ethics in South Africa 461 John Peffer 28 Fictional stories by fictional people: Alan Smithee and moral rights 479 Darren Hudson Hick 29 Thou shalt not read: ius abutendi as a moral right of the author? 494 Rudolf Leška In conclusion: What’s new with moral rights? 516 Ysolde Gendreau Appendix: Commonwealth laws on moral rights – August 2022 533 Index

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Book SynopsisThe Unrealized Promise of the Next Great Copyright Act provides a unique perspective on one of the most active periods of copyright policy discourse in the United States since the enactment of the Copyright Act of 1976. Using the then-Register of Copyrights Maria Pallante's landmark speech of 2013 The Next Great Copyright Act as a catalyst, Christopher S. Reed documents and assesses the major issues confronting the U.S. copyright system today. The book offers an inside view of the Copyright Office's attempts at reform as part of a comprehensive account of the complex dynamics between key stakeholder communities, government and legislation. Chapters also explore relevant areas of copyright such as orphan works and mass digitization, online copyright enforcement, visual arts and music licensing, and demonstrate that despite previous difficulties the time is now ripe for an update to U.S. copyright law. This insightful book will be of great value to scholars and legal practitioners with a focus on copyright law and policy, and will also prove a useful resource for instructors teaching copyright policy at an advanced level. Others with an interest in intellectual property, technology and connected culture, or politics and government will also find this book an engaging read.Trade Review'This is an insightful and fascinating read for anyone interested in the history and future of copyright law. As a prolific photographer and attorney (as well as a former senior policy advisor for the U.S. Copyright Office), Christopher S. Reed writes from a unique, bird's eye perspective on the public's perception of copyright issues and legislation, and what the future of copyright policy may hold. Definitely a must read!' --Keith Kupferschmid, Copyright Alliance, US'Christopher S. Reed sets the stage to understand the current history of the Copyright Office and the Copyright Act. His book is interesting and insightful, creating a record that will be important to scholars and historians at a key time in our copyright development. For anyone teaching or wanting to know about current issues within the context of the last few years, this is the go-to book. Reed knows his stuff, and makes it understandable and readable too.' --Elizabeth Townsend Gard, Tulane University, USTable of ContentsContents: Preface PART I 1. New beginnings 2. Thinking a little more boldly PART II 3. Orphan works and mass digitization 4. Online copyright enforcement 5. Copyright protection systems 6. Visual arts 7. Music licensing 8. Cable, satellite, and the future of television 9. Administering the copyright law PART III 10. Regime changes 11. Toward the next great copyright act? Index

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Book SynopsisThis accessible and innovative book examines to what extent copyright protects a range of subjects which are engaged in the creation and management of literary and artistic works, and how such subjects use copyright to protect their interests.Offering a complementary analysis, The Subjects of Literary and Artistic Copyright explores how copyright regulates the production and management of literature and art. The book examines the creators of literature and art, as well as market operators such as publishers and “managers” including museums, galleries, and universities. The perspectives offered cover a diverse range of subjects, and confront the regular contradictions and conflicts that occur within literary and artistic copyright interests. The chapters illustrate, via historical and empirical analysis, that established practices and traditional approaches to the management of copyright need to be revisited, in order to be more aligned with current social and technological frameworks.Providing a starting point for future research paths on copyright practices in art and literature, this insightful book will be of interest to legal academics looking to expand their knowledge of literary and artistic copyright. Law professionals with interests in intellectual property and art law will also benefit from its novel approach.Trade Review‘The Subjects of Literary and Artistic Copyright edited by Enrico Bonadio and Cristiana Sappa looks at copyright aspects of art and literature through the eyes of their main stakeholders, grouped in the volume in two categories: creators and intermediaries/ managers. Using historical and empirical analysis, this great collection revisits many assumptions about the creative process and the current management of copyrighted works. A must read for everyone interested in the complex relationships of all the actors involved in the process of cultural production.’ -- Christophe Geiger, Luiss Guido Carli University, Italy‘From traditional forms of authorship to the most contemporary ones, from the romantic authors to institutions whose participation in copyright management is less known – while revisiting digital challenges to the establishments that have always played an important role in the dissemination of works – this book offers a rich panorama of perspectives that inform the development of copyright law today. A decidedly modern take on copyright stakeholders.’ -- Ysolde Gendreau, Université de Montréal, Canada‘This book focuses on traditional categories of creators and stakeholders of works of literature and art including publishers, libraries, museums, galleries, auction houses and universities. Literary works and artistic works are types of copyright works that not only have inspired each other but also inspired copyright in general. This book offers a fresh look at the roles of stakeholders and conflicting interests in copyright law, it is a “must read” for all those engaging in copyright law.’ -- Irini Stamatoudi, University of Nicosia, CyprusTable of ContentsContents: Foreword ix Introduction 1 Enrico Bonadio and Cristiana Sappa PART I CREATORS SECTION A LITERATURE 1 The effects of copyrights on poets’ and novelists’ economic returns 9 Michela Giorcelli 2 Playwrights 22 Luke McDonagh 3 The fragility of freelancing: The impact of copyright law on modern journalism 37 Mary Catherine Amerine 4 Academic authors, copyright and dissemination of knowledge: A comparative overview 58 Marco Bellia and Valentina Moscon SECTION B ART 5 Copyright protection for painters, sculptors and cartoonists 78 Rudy Capildeo, Chris Haywood and James Yow 6 Digital photographers: Trust, truth, and copyright in the digital age 98 Jessica Silbey 7 ‘It’s not you, it’s me’: Are designers and copyright a good match? 113 Ana Ramalho 8 Architecture and dysfunction 137 Xiyin Tang PART II MANAGERS AND INTERMEDIARIES 9 Publishers and copyright 157 Enrico Bonadio and Anele Simon 10 Libraries and copyright law in the 21st century 183 Maximiliano Marzetti 11 Capturing the uncapturable: The relationship between universities and copyright through the lens of the audio-visual lecture capture policies 207 Guido Noto La Diega, Giulia Priora, Bernd Justin Jütte and Léo Pascault 12 Museums as education facilitators: How copyright affects access and dissemination of cultural heritage 234 Cristiana Sappa 13 Galleries and auction houses: The invisible managers of artistic copyright? 258 Simon Stokes Index

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Book SynopsisThis forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights.Featuring contributions from leading scholars from across the globe, the book focuses on four main themes, beginning with an examination of reforms to fundamental aspects of IP. Part II explores the emergence of artificial intelligence and the data on which it relies, offering timely new thinking on the impact of this significant new aspect of IP. Chapters then discuss specific ideas for reform in relation to copyright and trademarks in Part III, and in respect of geographical names and indications in Part IV. This book will prove crucial reading for scholars and researchers of intellectual property, particularly those working on reform and the effects of technology. It will also be useful for policymakers seeking to understand the potential impacts of new policies and legislation.Trade Review‘As the book title suggests, The Future of Intellectual Property, contains several valuable contributions from scholars who seek to challenge the status quo or highlight certain deficiencies of the IP system. This collection of essays provides a valuable contribution to what will be a continuing debate between primary IP rights (copyright, trade marks, design and patent law) and the role of secondary rights (such as TPMs and RMI).’ -- Tyrone Berger, Intellectual Property Forum‘Each of the volume’s sixteen chapters adds an important dimension to topical matters and, collectively, they have presented a thorough consideration of the future of IP with global and national relevance.’ -- Caroline B Ncube, South African Law Journal‘Professor Gervais is to be congratulated on having brought together an exciting group of scholars who set out a range of bold and imaginative visions for the future of IP.’ -- Robert Burrell, University of Oxford, UKTable of ContentsContents: 1 Introduction to the future of intellectual property 1 Daniel J. Gervais PART I RETHINKING FUNDAMENTALS 2 Intellectual property for humanity: A manifesto 9 Phoebe Li 3 Intellectual property primary and secondary rights in international law: The case of Mexican Pharmaceutical Patents and the USMCA 37 Roberto Garza Barbosa 4 Company classification taxonomy and corporate intellectual property rights owners 55 Janice Denoncourt 5 Defining intellectual property as an investment 80 Emmanuel Kolawole Oke 6 Rights to do, rights to prevent, and an intersected approach? Lessons from intellectual property, information control and oil and gas 104 Abbe E.L. Brown PART II ARTIFICIAL INTELLIGENCE AND DATA 7 AI patents and the self-assembling machine 128 Dan L. Burk 8 Challenges of artificial intelligence to patent law and copyright law and countermeasures 149 Xiang Yu, Runzhe Zhang, Ben Zhang and Hua Wang 9 Is protection of data through data exclusivity, technological protection measures or rights management information actually intellectual property? 168 Margaret Ann Wilkinson 10 The doctrine of sound prediction – a possible tool to support patenting black box algorithms for personalized medicine? 191 Helen Yu PART III RETHINKING COPYRIGHT AND TRADEMARK LAW 11 A data-driven approach to copyright in the age of online platforms 207 Giuseppe Mazziotti 12 The CJEU and the educational exception in Renckhoff : Permitted to view but not to share? 229 Bukola Faturoti 13 Hyperlinking to copyright works in EU: Finding a weak link 251 Ivana Kunda 14 Modernization of trademark legislation in Mexico: The case of olfactory and sound marks 272 Guillermo Martínez Cons PART IV RETHINKING GEOGRAPHICAL NAMES AND INDICATIONS 15 Rebreeding geographical indications beyond agriculture: of ‘genotype’ and ‘phenotype’ in territorial products 273 Bernardo Calabrese 16 Brand new IP: ‘country name designation’ – from France with love 291 Natalie G. S. Corthésy Index

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Book SynopsisIn this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years’ experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world.Accessible and informative for lawyers and non-lawyers alike, this indispensable book not only outlines and explains the relevant law but also how the art business operates in practice. Chapters cover the full breadth of legal and commercial issues affecting the sale and purchase of art in various contexts, and other issues such as artists’ rights in their work, import and export of artworks, art disputes, and confidentiality and data protection are all examined in detail. Wilson also offers an in-depth discussion of the most pressing ethical questions involving artworks, including Holocaust restitution, cultural heritage, and freedom of expression. New to this Edition: Thoroughly revised guidance on new anti-money laundering requirements Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions This book will prove invaluable to lawyers advising on all aspects of art law and many others in the art business, including artists themselves, art dealers, and those working in auction houses and museums. It will also be crucial reading for scholars and students with an interest in art law and business.Trade ReviewAcclaim for the previous edition:<>‘A tour de force<> that covers the nuts and bolts of the practical workings of the international art market from A to Z. From the useful glossary at the start to the detailed description of the regulatory environment at the end, it provides a readily comprehensible explanation of the whys and wherefores of the market drawing on the author’s unparalleled experience of decades working at its heart. Its broad sweep means it will become an invaluable reference work for everyone who works in and around the art market, providing practical advice on the dos and don’ts when dealing with all sorts of issues that arise, both the everyday and the more complex. Martin Wilson is to be congratulated on filling a real gap with this much-needed and fascinating guide.’ -- Roland Foord, Stephenson Harwood LLP, London, UK‘From his wealth of experience as a lawyer on the inside of Christie’s auction house and now Phillips, Martin Wilson has produced an indispensable guide to art law and business. He succinctly summarises the key elements of the art market's workings and the law as it applies in the UK. This is essential reading for those new to the territory and an excellent practical overview for those who are already familiar with it. The insights Martin gives are a wonderful basis for learning and helpfully summarise what ordinarily takes many years in the field to ascertain. If only something like this had existed when I founded Art Law at Mishcon de Reya in 1995!’ -- Karen Sanig, Mishcon de Reya, London, UK‘Martin Wilson combines an astute legal mind with practical experience gained from many years of working in auction businesses. This book will be indispensable reading for anyone wishing to gain a clear understanding of the complexities of today’s art market.’ -- Anthony Browne, British Art Market FederationTable of ContentsContents: Preface 1. The artist and the artwork 2. Auction sales: introduction 3. Auctions: the auction house 4. Auctions: financial arrangements 5. Ownership and authenticity 6. Auctions: policing the saleroom 7. Auctions: online auctions 8. Auctions: negotiating agency agreements 9. Private sales of art 10. Ethics, public policy and art 11. Art and taxation 12. Shipping, export and insurance of art 13. Museums 14. Art funds 15. Art disputes 16. Anti-money laundering and sanctions compliance 17. The Bribery Act 18. Confidentiality and data protection Index

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Book SynopsisIn this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years’ experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world.Accessible and informative for lawyers and non-lawyers alike, this indispensable book not only outlines and explains the relevant law but also how the art business operates in practice. Chapters cover the full breadth of legal and commercial issues affecting the sale and purchase of art in various contexts, and other issues such as artists’ rights in their work, import and export of artworks, art disputes, and confidentiality and data protection are all examined in detail. Wilson also offers an in-depth discussion of the most pressing ethical questions involving artworks, including Holocaust restitution, cultural heritage, and freedom of expression. New to this Edition: Thoroughly revised guidance on new anti-money laundering requirements Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions This book will prove invaluable to lawyers advising on all aspects of art law and many others in the art business, including artists themselves, art dealers, and those working in auction houses and museums. It will also be crucial reading for scholars and students with an interest in art law and business.Trade ReviewAcclaim for the previous edition:<>‘A tour de force<> that covers the nuts and bolts of the practical workings of the international art market from A to Z. From the useful glossary at the start to the detailed description of the regulatory environment at the end, it provides a readily comprehensible explanation of the whys and wherefores of the market drawing on the author’s unparalleled experience of decades working at its heart. Its broad sweep means it will become an invaluable reference work for everyone who works in and around the art market, providing practical advice on the dos and don’ts when dealing with all sorts of issues that arise, both the everyday and the more complex. Martin Wilson is to be congratulated on filling a real gap with this much-needed and fascinating guide.’ -- Roland Foord, Stephenson Harwood LLP, London, UK‘From his wealth of experience as a lawyer on the inside of Christie’s auction house and now Phillips, Martin Wilson has produced an indispensable guide to art law and business. He succinctly summarises the key elements of the art market's workings and the law as it applies in the UK. This is essential reading for those new to the territory and an excellent practical overview for those who are already familiar with it. The insights Martin gives are a wonderful basis for learning and helpfully summarise what ordinarily takes many years in the field to ascertain. If only something like this had existed when I founded Art Law at Mishcon de Reya in 1995!’ -- Karen Sanig, Mishcon de Reya, London, UK‘Martin Wilson combines an astute legal mind with practical experience gained from many years of working in auction businesses. This book will be indispensable reading for anyone wishing to gain a clear understanding of the complexities of today’s art market.’ -- Anthony Browne, British Art Market FederationTable of ContentsContents: Preface 1. The artist and the artwork 2. Auction sales: introduction 3. Auctions: the auction house 4. Auctions: financial arrangements 5. Ownership and authenticity 6. Auctions: policing the saleroom 7. Auctions: online auctions 8. Auctions: negotiating agency agreements 9. Private sales of art 10. Ethics, public policy and art 11. Art and taxation 12. Shipping, export and insurance of art 13. Museums 14. Art funds 15. Art disputes 16. Anti-money laundering and sanctions compliance 17. The Bribery Act 18. Confidentiality and data protection Index

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Book SynopsisThe fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.The essays in this 5th volume in the series come from authors who, after a lifelong engagement with various fields of intellectual property (including its socio-economic foundations), reflect on the events and processes that, in their scholarly experience, most significantly impacted on the great evolutionary trends in their particular fields.These reflections span a wide arc from the contradictory history of the regulation of employee inventions and works, to the status of intellectual property as market regulation under public international law; from the trajectories of trade mark protection in the European Union, to the paradigmatic changes copyright law has undergone as a result of technological change; from the influence of the human rights movement on perceptions of intellectual property, to the pendulum swings of patent protection in gene technology inventions; and finally, from the impact of the TRIPS Agreement and bilateral TRIPS plus agreements on IP in the pharmaceutical sector, to the continuing development of copyright for works of art and of the resale right in the PR China.With contributions from: Niklas Bruun, Thomas Cottier, Annette Kur, Hector L. MacQueen, Sam Ricketson, Dianne Nicol, Jayashree Watal, Zhou LinTable of ContentsContents: 1 Niklas Bruun 1 Reflections on the contradictory history of the regulation of employee intellectual property 2 Thomas Cottier 23 The legal nature of intellectual property rights in public international law 3 Annette Kur 48 Trade mark (and design) law from a personal perspective 4 Hector L MacQueen 73 Surprised by intellectual property law? 5 Dianne Nicol 99 The pendulum of patents, principles and products – from the industrial revolution to the genetic revolution 6 Sam Ricketson 125 Change or no change – a personal intellectual property journey 7 Jayashree Watal 152 North-South perceptions of the TRIPs Agreement: then and now (1990 and 2020) 8 Zhou Lin 174 A copyrightist for art’s sake Index

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Book SynopsisThis book offers a comprehensive and critical evaluation of the distribution and ownership of digital content within the EU. The analysis builds on the debate surrounding ‘digital exhaustion’ and is focused around three generations of supply of digital content: hardcopy sales, downloads and online access. For each generation, the supplying act and the ability to further transfer what was supplied is scrutinized in the light of EU copyright and neighbouring rights law. Going beyond a description of case law, this book highlights inconsistencies and frictions caused by the CJEU and addresses the fate for novel business models, hybrid works and neighbouring rights. Finding that copyright is only one part of the puzzle, Simon Geiregat offers broader perspectives to the transferability discussion by involving impeding digital architecture (technical protection measures) and the ‘data ownership’ debate, and by bringing consumer contract law and property law as well as equal treatment into the analysis. Providing a rigorous overview of the law surrounding digital content, this will be a valuable read for academics and practitioners with an interest in EU copyright and the debates on propertization and transferability in the digital context. It will also be beneficial to music and film organisations and distributors involved in supplying digital content in the European market.Trade Review‘Geiregat’s book is a must-read for those interested in the evolution of the market for digital content. The private law-oriented path indicated by the author, with his careful systemic and contextual analysis, is certainly the right path forward. The hope is that the saga will not end here, and that we will be able to read more along these lines in the near future.’ -- Caterina Sganga, Common Market Law Review‘Simon Geiregat’s in-depth, sectorial analysis brings fresh air to the research of the offline and online operation of the exhaustion doctrine. It critically evaluates and effectively rebuilds the doctrine for the 21st century. Highly recommended!’ -- Peter Mezei, University of Szeged, Hungary and University of Turku, FinlandTable of ContentsContents: Preface 1. Introduction: ‘digital exhaustion’ 2. Supply and resale of hard copies 3. Supply and resale via download 4. Supply and resale by online access 5. Critical assessment of the EU law on resales of digital content Index

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Book SynopsisThe Future of Copyright in the Age of Artificial Intelligence offers an extensive analysis of intellectual property and authorship theories and explores the possible impact artificial intelligence might have on those theories. The author makes compelling arguments via the exploration of authorship, ownership and artificial intelligence. First, the book advocates for a more holistic approach to authorship, arguing that there is no good reason to exclude computer-generated and artificial intelligence creations from copyright. Second, it conducts an open search for the right ‘candidate‘ for ownership. In doing so, the book explores several possible legal frameworks, including assigning ownership to the programmer, the user, the AI itself and other alternatives such as the public domain or author-in-law approaches. Third, the book explores the concept of artificial intelligence as it has developed through the years in various fields, seeking to reframe the AI legal concept.For academic scholars and law students these pages frame the theoretical discussion about artificial intelligence creations and provide in depth discussion about artificial intelligence legal challenges.Trade Review‘This book is essential reading for those engaging with the debate around the development of the new copyright text and data mining exception in the UK. It also provides a thorough and thoughtful discussion on the concept of authorship in AI generally that will be of interest to scholars and students researching AI.’ -- Hayleigh Bosher, The IPKat‘Dr. Aviv Gaon creatively uses human intelligence to demystify the complexities of artificial intelligence. A foundational resource for the novice to the expert, Dr. Gaon’s book answers pressing questions on AI, emerging technology and the future of human and AI innovation around the world.’ -- Giuseppina D’Agostino, York University, Toronto, Canada‘Aviv Gaon invites his readers to take a fascinating journey into the world of Intellectual Property protection for AI. His tour is wonderfully comprehensive as he draws on law, philosophy and economics in contemplating the possibilities. He grapples with difficult and timely questions that are destined to be with us for the foreseeable future.‘ -- Roberta Rosenthal Kwall, Raymond P. Niro Professor, DePaul University College of Law, US'As thinking machines enter the creative marketplace, Dr. Aviv Gaon has produced a thoroughly researched and wide-ranging analysis of copyright protection for works created by or with artificial intelligence (AI). The book's provocative conclusion, that the law should evolve to recognize AI as capable of copyright-protected authorship of creative works, is a must read for humans (and AIs) interested in the rapidly unfolding future of intellectual property law and the creative arts.' -- Peter S. Menell, University of California at Berkeley, School of Law, USTable of ContentsContents: Preface Introduction to The Future of Copyright in the Age of Artificial Intelligence PART I SEARCHING FOR COMMON GROUND 1. The AI momentum 2. Legal personhood for AI 3. Reframing the artificial intelligence concept PART II AI-IP THEORY 4. Toward AI-IP theory 5. IP protection for computer programs 6. Placing AI within the IP law map 7. The human author PART III NEW VISION FOR AI AUTHORSHIP 8. Different paths to AI authorship 9. Resolving data barriers 10. The creative machine 11. The AI author Index

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Book SynopsisAs one of the most flexible of the intellectual property rights, copyright law is under constant pressure to adapt and expand in the face of new and sometimes unforeseen challenges and developments. This book is the first in an important new six volume series whose aim is to consider the purpose, role, function and future of the copyright system. The book, and indeed the series, comprises thoughtful, critical and often challenging contributions from an international, multidisciplinary network of scholars. It brings together perspectives on copyright from law, politics, economics, cultural studies and social theory in an effort to forge a truly coherent and meaningful agenda for the future of copyright. Volume 1 presents first a thorough re-examination of the underlying theoretical foundations of copyright law, engaging with such issues as the moral justifications for copyright, and the appropriateness of copyright in a globalised world. The book goes on to examine the convergence and divergence of intellectual property rights in the context of globalisation.Bold in its attempt to be original, this book should be read by anyone interested in the future of copyright, regardless of discipline, and in intellectual property more generally.Trade Review'. . . this is a lovely collection of papers. . . even some of the chapters that are copyright-specific have plenty of thoughts, ideas and analytical method that can be exported to other IP rights. Don't wait till Christmas - buy this book now!' -- IPkat.com'This collection of essays is broadly concerned with developments in digital technologies and the concomitant evolution of copyright law. Part I provides the theoretical framework of copyright law, while Part II deals with "Globalisation, Convergence and Divergence". The essays vary widely in terms of subject matter and quality, but all are critical of existing copyright regimes. Most are enjoyable and provocative partly because of that.' -- Louise Buckingham, Copyright Reporter'Copyright is increasingly broad in scope and the range of perspectives that can be applied to study it is equally wide - not just IP law but legal philosophy, economics, cultural studies, ethnography, legal history and political science are all potentially relevant approaches to dissecting the copyright octopus. This book includes examples of all these approaches. It makes fascinating reading. It is also a valuable contribution to the current debate about the future development of copyright law.' -- Simon Stokes, European Intellectual Property ReviewTable of ContentsContents: Preface Part I: Theoretical Framework of Copyright Law 1. Creative Improper Property: Copyright and the Non-Western World 2. The Moral Preference for DRM Ordered Markets in the Digitally Networked Environment 3. Can we Afford to Think About Copyright in a Global Marketplace? 4. Justifications for Copyright: The Evolution of Le Droit Moral Part II: Globalisation, Convergence and Divergence 5. From Pax Americana to Lex Americana: American Legal and Cultural Hegemony 6. Convergence of Intellectual Property Rights and the Establishment of ‘Hybrid’ Protection under TRIPS 7. The Social and Economic Effects of Copyright in the Music Industry: Contribution to the Convergence versus Divergence Debate 8. Freelance Authors for Free: Globalisation of Publishing, Convergence of Copyright Contracts and Divergence of Judicial Reasoning 9. The Regulation of Peer-to-Peer File Sharing Networks: Legal Convergence v. Perception Divergence Index

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Book SynopsisThis second volume contains further exploration of the themes considered in Volume 1, namely the theoretical framework of copyright, and the convergence, divergence and globalisation of copyright. New Directions in Copyright Law, Volume 2 offers valuable insights into developments in rights neighbouring on copyright, such as the EU database directive and television broadcast copyright. It also considers the protection of traditional knowledge - such as the legal protection of folklore, freedom of speech and communication channels. In addition the book investigates copyright and new technologies, taking examples from the music industry and from digital policing. Finally, the authors present views on the tension between corporate power and human rights in the context of copyright, questioning whether it is possible to strike a productive and meaningful balance.With contributions from leading copyright scholars and commentators from a diverse range of theoretical and disciplinary backgrounds, this book will be of interest to all those concerned with the problems plaguing the modern copyright system.Trade ReviewAcclaim for volume 1:'Copyright is increasingly broad in scope and the range of perspectives that can be applied to study it is equally wide - not just IP law but legal philosophy, economics, cultural studies, ethnography, legal history and political science are all potentially relevant approaches to dissecting the copyright octopus. This book includes examples of all these approaches. It makes fascinating reading. It is also a valuable contribution to the current debate about the future development of copyright law.' -- Simon Stokes, European Intellectual Property ReviewTable of ContentsContents: Preface Fiona Macmillan Part I: Theoretical Framework of Copyright Law 1. The Productive Potential of Intellectual Property Rights: Governance and Value Creation Processes Birgitte Andersen and Sue Konzelmann Part II: Globalisation, Convergence and Divergence 2. Globalisation, Convergence and Divergence in International Copyright Law: A Question of Expediency or of Right? F. Willem Grosheide 3. Artists’ Earnings and Copyright: A Review of British and German Music Industry Data in the Context of Digital Technologies Martin Kretschmer 4. Globalisation, Digitalisation and the Changing Role of Copyright Lee Davis Part III: Developments in Rights Neighbouring on Copyright 5. The EU Database Directive: Taking Stock Tanya Aplin 6. The Moral Right of Integrity: A Freedom of Expression Leslie Kim Treigar-Bar-Am 7. Television Broadcast Copyright: The Australian Experience Michael Handler Part IV: Protection of Traditional Knowledge and Culture 8. The Legal Protection of Traditional Cultural Expressions: Is Copyright the Answer? Daphne Zografos 9. Freedoms and Knowledge, Access and Silence: Traditional Knowledge and Freedom of Speech Johanna Gibson 10. Protecting Channels of Communication: Some Challenges from the Pacific Marilyn Strathern Part V: Copyright and the New Technologies 11. The Plagiarism Panic: Digital Policing in the New Intellectual Property Regime Lisa Maruca 12. The New, the Bad, the Hot, the Fad: Popular Music, Technology and the Culture of Freedom Kathy Bowrey 13. Strategic Behavior and Sources of Value: Some Implications of the Intangibles Paradigm Olufunmilayo B. Arewa Part VI: Copyright, Corporate Power and Human Rights 14. Copyright, Corporate Power and Human Rights: Reality and Rhetoric Charlotte Waelde 15. Is it Possible to Balance Creativity and Commerce? John Howkins 16. Losing to Disney: The Complex Lesson of Eldred v Ashcroft and the Corporate Control of Copyright Paul J. Heald Index

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Book SynopsisCopyright law is undergoing rapid transformations to cope with the new international digital environment. This valuable research Handbook provides a thorough and contemporary tableau of current thinking in copyright law. It traces the changes undergone and the challenges faced by copyright, as well as its roots and its diversity, combining to present a colourful picture of a dynamic research area.The editor brings together an elite group of international copyright scholars who offer incisive and original analysis of a wide range of issues and aspects of copyright law, and in some cases a multiplicity of perspectives on a single topic. Rigorous and often thought-provoking in nature, this research Handbook clearly maps the current landscape, and will also undoubtedly stimulate further research in the field.Analysing the cutting edge of current copyright research, Copyright Law will be of great interest to researchers, students, practitioners and policymakers.Trade Review'. . . this 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: Foreword 1. Originality in Copyright: A Solution to the Database Problem? John Adams 2. Legal Issues Pertaining to the Restoration and Reconstitution of Manuscripts, Sheet Music, Paintings and Films for Marketing Purposes Paul Torremans 3. A Canadian Copyright Narrative Daniel Gervais 4. Can and Should Misappropriation Also Protect Databases? A Comparative Approach Estelle Derclaye 5. Database Copyright: The story of BHB Charlotte Waelde 6. ‘Une Chose Publique’? The Author’s Domain and the Public Domain in Early British, French and US Copyright Law Jane Ginsburg 7. Draw Me a Public Domain Valérie-Laure Benabou and Séverine Dusollier 8. Could Multimedia Works Be Protected as a Form of Audiovisual Works? Irini Stamatoudi 9. Adequate Protection of Folklore – A Work in Progress Silke von Lewinski 10. Regulating Competition by Way of Copyright Limitations and Exceptions Thomas Dreier 11. Competition in the Field of Collective Management: Preferring ‘Creative Competition’ to Allocative Efficiency in European Copyright Law Josef Drexl 12. Individual and Collective Management of Copyright in a Digital Environment Marco Ricolfi 13. Copyright Law and Scientific Research Reto Hilty 14. Copyright and Freedom of Expression in Sweden – Private Law in a Constitutional Context Jan Rosén 15. On-line Teaching and Copyright: Any Hopes for an EU Harmonized Playground? Raquel Xalabarder 16. Development of Law in Asia: Divergence versus Convergence. Copyright Piracy and the Prosecution of Copyright Offences and the Adjudication of IP Cases: Is There a Need for a Special IP Court in Malaysia? Ida Madieha bt. Abdul Ghani Azmi 17. Alternative Dispute Resolution – A Remedy for Soothing Tensions between Technological Measures and Exceptions? Brigitte Lindner 18. Qualitative Effects of Copyright Policies Antoon Quaedvlieg 19. Questioning the Principles of Territoriality: The Determination of Territorial Mechanisms of Commercialisation Paul Torremans 20. A Broadcasters’ Treaty? Tom Rivers Index

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Book SynopsisCopyright, Contracts, Creators provides a new and original analysis on the relationship between owners and creators and recommendations for legislative change to re-balance the relationship. It is a must read for the intellectual property legal community and anyone interested in the promotion of creative works. - Marshall Rothstein, Justice of the Supreme Court of Canada 'Dr Giuseppina D'Agostino is a protector of the arts, and her work on intellectual property is designed not only to bring law and order to our digital universe but to bring hope to the artists, poets and writers whose only hope of pursuing their artistry is to earn income for their craft. A wonderful book by one of the most wonderful and forward thinking minds in this subject area.- Tony Chapman, Founder and CEO, Capital C, Canada 'Dr D'Agostino has produced an important, carefully documented and courageous study that deserves to be widely read and discussed and (dare one say?) even to have its message heeded.' - David Vaver, Emeritus Professor of Intellectual Property & IT Law, University of Oxford, UK The digital world has put content within arm's reach of desire. No longer can an author be satisfied that her intellectual property is safely encased in a bound book, nor can a photographer know where his work will be displayed or shared, nor can a writer rest assured that her article will be consumed in the intended magazine or newspaper. The Internet-fueled recycling of existing works into new media is the greatest challenge to copyright law. Copyright, Contracts, Creators evaluates the efficacy of current copyright law to address the contracting and use of creative works. It looks in particular at freelance works and argues that their copyright treatment on a national and international level is inadequate to resolve ambiguities in the contracting and uses of the work. Giuseppina D'Agostino discusses how historically laws and courts were more sympathetic to creators, and how the Internet revolution has shifted the scales to favor owners. Consequently, creators often find themselves at opposing ends with copyright owners, and in a disproportionately weaker bargaining position that places tremendous strain on their livelihoods. She argues that this predicament puts society at risk of losing its most valued asset: professional creators. The author calls for a new framework to justify legislative provisions and resolve ambiguities while suggesting principles and mechanisms to address the inadequate treatment of freelance work. Scholars and students of law, cultural studies, and intellectual property will find this volume a critical addition to their libraries. Beyond these, policy makers, lawyers and anyone concerned with the blurring lines of intellectual property in the age of cyberspace will welcome the author's insights.Trade ReviewCopyright, Contracts, Creators presents an exhaustive and thoroughly researched and documented treatment of copyright protection for independent authors, or freelancers. --AALL Spectrum'This hardback publication is an interesting exposition on the application of copyright law to the protection of the rights of freelancers... Within this subject the book is thoroughly and professionally written and easy to read. It would actually serve as a good introduction to the application of copyright law to literary works as it contains some useful summaries of current law particularly in the UK and the United States. . . If you are interested in copyright law as it applies to author such as freelancers, or just generally want to learn more about the exploitation of copyright works in the digital age I thoroughly recommend this book. --Clive Davies, Communications Law'. . . deserves the widest possible circulation... much of what [D'Agostino] outlines and the solutions she suggests should be read by every freelancer, agency, editor and publishers. . . D'Agostino's writing is quite sprightly and she resists the temptation to be mealy-mouthed and obscure about the issues.' --D.B. Scott, canadianmags.blogspot.comTable of ContentsContents: Preface Foreword 1. Introduction 2. Freelancers and Copyright in the Digital Era 3. The History of Copyright in Relation to the Freelancer 4. The History of Copyright Contract in Relation to the Freelancer 5. International and Regional Copyright Legislation 6. National Copyright Contract Legislation and Judicial Principles 7. Judicial Treatment of Freelance Authors in North America 8. Judicial Treatment of Freelance Authors in Continental Europe 9. Freelancers in the UK: Pre-empting a Digital Dilemma 10. Formulating an Equilibrated Theory 11. Equilibrated Solutions 12. Final Remarks Bibliography Index

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Book SynopsisThis timely volume offers a comprehensive review of case law, in various jurisdictions, on secondary liability for copyright infringement, particularly P2P file sharing and online infringements. Moreover, the book includes forward-looking contributions of prominent academics from the USA and the EU, which provide original perspectives on the future shape of online copyright law, looking at questions such as whether it could or even should evolve towards a compensation system.By combining these different avenues, the book will be of particular interest to practitioners, academics, researchers and legal scholars involved in the field of copyright law.Trade Review'The book provides a good overview of the current legal situation with regard to liability for unlawful file sharing. . . To scholars, practitioners, law students, and other interested parties seeking an overview of the current situation on P2P file sharing, this is a very good starting point for further study.' -- Tanja Liljestrom, IPR Info'This is a book that has a lot to offer. Many of its readers will benefit from the first chapters which comprehensively analyse the case law and put it in context, whilst others will benefit more from the more conceptual chapters and the criticism of certain points and suggestions for a way forward contained in them.' -- Paul L.C. Torremans, European Intellectual Property ReviewTable of ContentsContents: Introduction: Peer-to-Peer File Sharing and Secondary Liability in Copyright Law Alain Strowel 1. Liability of Users and Third Parties for Copyright Infringements on the Internet: Overview of International Developments Allen N. Dixon 2. Legal Issues in Peer-To-Peer File Sharing, Focusing on the Making Available Right Michael Schlesinger 3. Secondary Liability for Copyright Infringement with Regard to Hyperlinks Alain Strowel and Vicky Hanley 4. Copyright Control vs. Compensation: The Prospects for Exclusive Rights after Grokster and Kazaa Jane C. Ginsburg 5. Global Networks and Domestic Laws: Some Private International Law Issues Arising from Australian and US Liability Theories Graeme W. Austin 6. A Bipolar Copyright System for the Digital Network Environment Alexander Peukert 7. Sharing Out Online Liability: Sharing Files, Sharing Risks and Targeting ISPs Robert Clark 8. A Reverse Notice and Takedown Regime to Enable Public Interest Uses of Technically Protected Copyrighted Works Jerome H. Reichman, Graeme B. Dinwoodie and Pamela Samuelson Index

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Book SynopsisThis book provides the reader with a critical insight into the history and theory of copyright within contemporary legal and cultural discourse. It exposes as myth the orthodox history of the development of copyright law in eighteenth-century Britain and explores the way in which that myth became entrenched throughout the nineteenth and early twentieth centuries. To this historical analysis are added two theoretical approaches to copyright not otherwise found in mainstream contemporary texts. Rethinking Copyright introduces the reader to copyright through the prism of the public domain before turning to the question as to how best to locate copyright within the parameters of traditional property discourse. Moreover, underpinning these various historical and theoretical strands, the book explores the constitutive power of legal writing and the place of rhetoric in framing and determining contemporary copyright policy and discourse.Ronan Deazley's book will be of interest to academics and practitioners of law and intellectual property. The work should also be of interest to those working in alternate disciplines such as literary and cultural theorists and bibliographersTrade Review‘Rethinking Copyright is a small gem for an audience broader than copyright and intellectual property scholars, and well worth acquiring by a variety of general, corporate, law and academic libraries.' -- Laurence Seidenberg, International Journal of Legal Information'This excellent book raises again the controversial issue of whether we can learn anything - and, if so, what - from revisiting our past.' -- Jeremy Phillips, ipkat.com'All histories are about the present, not the past. Histories of copyright are no different: the pitched battles today over the nature of copyright frequently re-create a mythical past to shore up support for a partisan present. Deazley's Rethinking Copyright is a must have book for those who care about getting things right. Rethinking Copyright carefully reviews the critical formative years of statutory copyright (1710-1912), and then masterfully ties this foundational period to the current culture wars. It is a tour de force to be savored and returned to over and over again.' -- William Patry, Senior Copyright Counsel, Google Inc., US'Two books in one, the first half of this manifesto offers a contrarian account of eighteenth and nineteenth-century English copyright history; the second contributes to the burgeoning rhetoric of the public domain in contemporary copyright scholarship. Deazley contends that, contrary to the common wisdom, common law copyright never existed in the eighteenth-century, but was a concerted creation of nineteenth-century treatise writers. He may not convince us that common law copyright was a myth, but he does compellingly demonstrate that, like the mythical giant Antaeus, whenever common law copyright seemed beaten down to the ground, it rose again with renewed force. He also persuades us that it may be a Herculean task to strangle the life out of the impulse, historical or otherwise, to believe that authors' labors justify the contemporary default setting of the positive law in favor of proprietary rights. The second half, calling for reconceptualization of copyright as a derogation from the "public's freedom to engage with" works of authorship will surely provoke disagreement from many readers knowledgeable about copyright, but Deazley is an apt expositor of this increasingly popular trend in the legal academy.' -- Jane C. Ginsburg, Columbia University, School of Law, USTable of ContentsContents: Introduction 1. History I: 1710–1774 2. History II: 1774–1854 3. History III: 1854–1912 4. Theory I: What Copyright Isn’t. . . or, Conceiving the Public Domain 5. Theory II: What is Copyright?. . . or, The Case for Intellectual Property Freedoms and Privileges (And in That Order) 6. Conclusion References Index

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Book SynopsisCopyright and Creativity discusses the making of property out of creative works through the legal mechanism of copyright. It shows the manner in which the law translates a great variety of expressions of the human mind into its normative system and transforms them into the property right of copyright or droit d auteur. This timely book examines the proprietary features of copyright, the inherent limitations of its powers, and its justification and relationship to the non-proprietary realm of the public domain. The latter part of the book deals with the 'propertisation/commodification' of human authors themselves through their works as alienable objects of property, the well-known 'Romantic author' critique as a sophisticated justification of that commodification, and at an international level, neo-feudal and neo-colonial developments as a result of this process. This detailed study will appeal to undergraduate and postgraduate students, legal sociologists, and specialists in copyright, property theory, or legal theory and political philosophy with particular interest in property theory. Practitioners within bodies involved in legal policy, organizations concerned with law reform, European institutions, and international organizations will also find much to interest them in this book.Contents: Preface; 1. Copyright as Property; 2. Copyright-Property and the Public Domain:Explanations and Justifications; 3. The Limitations to the Powers of Copyright Ownership; 4. The Attribution and Allocation of Copyright-Property: Authorship, Creativity and Ownership; 5. The Effects of Copyright-Property I: The Problem of Alienation; 6. The Effects of Copyright-Property II: Neo-Feudal and Neo-Colonial Features of International Copyright Protection; Conclusions; IndexTrade Review‘. . . it is a valuable resource for any student researching copyright law, and those seeking a new slant on copyright lore.’ -- Shirley Benneworth, The Law Society of New South Wales'A fresh, innovative, thought provoking look at the development of copyright law as it pertains to creativity and one that will give even the most experienced reader fresh insight into this tangled area of law. The author's language ability (German, English, French) and interdisciplinary background (law and music) combine to enable him to add significant analytical depth to the subject. A ''must read'' in a time when our creative industries are being called upon to help re-build our shattered economy.' - Charlotte Waelde, University of Exeter, UK 'Professor Rahmatian is perhaps uniquely placed to offer a complete rethinking of the nature and function of copyright. Working with original materials in original languages, he spans the continental and common law traditions in a breathtaking synthesis of the varied justifications and uses (or misuses) of the concept of creativity as property.' -- Paul J. Heald, University of Georgia, USTable of ContentsContents: Preface 1. Copyright as Property 2. Copyright-Property and the Public Domain: Explanations and Justifications 3. The Limitations to the Powers of Copyright Ownership 4. The Attribution and Allocation of Copyright-Property: Authorship, Creativity and Ownership 5. The Effects of Copyright-Property I: The Problem of Alienation 6. The Effects of Copyright-Property II: Neo-Feudal and Neo-Colonial Features of International Copyright Protection Conclusions Index

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Book SynopsisCopyright law is undergoing rapid transformations to cope with the new international digital environment. This valuable research Handbook provides a thorough and contemporary tableau of current thinking in copyright law. It traces the changes undergone and the challenges faced by copyright, as well as its roots and its diversity, combining to present a colourful picture of a dynamic research area.The editor brings together an elite group of international copyright scholars who offer incisive and original analysis of a wide range of issues and aspects of copyright law, and in some cases a multiplicity of perspectives on a single topic. Rigorous and often thought-provoking in nature, this research Handbook clearly maps the current landscape, and will also undoubtedly stimulate further research in the field.Analysing the cutting edge of current copyright research, Copyright Law will be of great interest to researchers, students, practitioners and policymakers.Trade Review'. . . this 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: Foreword 1. Originality in Copyright: A Solution to the Database Problem? John Adams 2. Legal Issues Pertaining to the Restoration and Reconstitution of Manuscripts, Sheet Music, Paintings and Films for Marketing Purposes Paul Torremans 3. A Canadian Copyright Narrative Daniel Gervais 4. Can and Should Misappropriation Also Protect Databases? A Comparative Approach Estelle Derclaye 5. Database Copyright: The story of BHB Charlotte Waelde 6. ‘Une Chose Publique’? The Author’s Domain and the Public Domain in Early British, French and US Copyright Law Jane Ginsburg 7. Draw Me a Public Domain Valérie-Laure Benabou and Séverine Dusollier 8. Could Multimedia Works Be Protected as a Form of Audiovisual Works? Irini Stamatoudi 9. Adequate Protection of Folklore – A Work in Progress Silke von Lewinski 10. Regulating Competition by Way of Copyright Limitations and Exceptions Thomas Dreier 11. Competition in the Field of Collective Management: Preferring ‘Creative Competition’ to Allocative Efficiency in European Copyright Law Josef Drexl 12. Individual and Collective Management of Copyright in a Digital Environment Marco Ricolfi 13. Copyright Law and Scientific Research Reto Hilty 14. Copyright and Freedom of Expression in Sweden – Private Law in a Constitutional Context Jan Rosén 15. On-line Teaching and Copyright: Any Hopes for an EU Harmonized Playground? Raquel Xalabarder 16. Development of Law in Asia: Divergence versus Convergence. Copyright Piracy and the Prosecution of Copyright Offences and the Adjudication of IP Cases: Is There a Need for a Special IP Court in Malaysia? Ida Madieha bt. Abdul Ghani Azmi 17. Alternative Dispute Resolution – A Remedy for Soothing Tensions between Technological Measures and Exceptions? Brigitte Lindner 18. Qualitative Effects of Copyright Policies Antoon Quaedvlieg 19. Questioning the Principles of Territoriality: The Determination of Territorial Mechanisms of Commercialisation Paul Torremans 20. A Broadcasters’ Treaty? Tom Rivers Index

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Book SynopsisThis innovative book celebrates the tri-centenary of modern copyright, which began with the enactment of the Statute of Anne by the British Parliament in 1709, and was soon followed by other copyright legislation abroad. The Statute of Anne is traditionally claimed to be the world’s first copyright statute, and is thus viewed as the origin of a system of national laws that today exists in virtually all countries of the world. However, this book illustrates that while there is some truth in this claim, it is also important to treat it with Written by leading experts from across the globe, this comprehensive (historical) analysis breaks new ground on modern copyright issues such as digital libraries, illegal downloading and distribution, international exhaustion and ‘new formalities’. The expert contributors consider what lessons can be learnt from the achievements made during the last 300 years, and whether they can be used to overcome the new challenges facing copyright.This in-depth scientific analysis of the legacy of the Statute of Anne 300 years on from its origins will provide copyright practitioners, academics, policy makers and postgraduate students with a unique and fascinating read.Trade Review‘Written by leading experts from across the globe, this comprehensive (historical) analysis breaks new ground on modern copyright issues. . . The cast of contributors is almost a reflection of the history of modern scholarship itself. . . This volume makes for a most enjoyable and thought-provoking read.’ -- IPKatTable of ContentsContents: Preface Opening Speech Victor Nabhan PART I: THE STATUTE OF ANNE AND ITS ROLE IN THE WORLD OF COPYRIGHT 1. Introduction to Part I: The History of Copyright Lionel Bently 2. The Statute of Anne 1709–10: Its Historical Setting William Cornish 3. What’s New About the Statute of Anne? Or Six Observations in Search of an Act Ronan Deazley 4. To What Degree Did the Statute of Anne (8 Anne, c.19, [1709]) Affect Commercial Practices of the Book Trade in Eighteenth-Century England? Some Provisional Answers about Copyright, Chiefly from Bibliography and Book History Michael F. Suarez, S.J. 5. The Statute of Anne and Author’s Rights: Pope v. Curll (1741) Mark Rose Transition from Guild Regulation to Modern Copyright Law 6. Transition from Guild Regulation to Modern Copyright Law – A View from the Low Countries Willem Grosheide 7. Transition from Guild Regulation to Modern Copyright Law (Sweden) Gunnar Petri 8. From Privilege to Modern Copyright Law Martin Vogel Influence, Past and Present, of the Statute of Anne on Civil and Common Law Countries 9. The Influence (Past and Present) of the Statute of Anne in France Christophe Geiger 10. The Influence of the Statute of Anne on Belgian Copyright Law Joris Deene 11. Colonial Copyright Redux: 1709 v 1832 Pierre-Emmanuel Moyse PART II: DIGITAL LIBRARIES AND ONLINE LICENSING 12. Introduction to Part II Uma Suthersanen 13. Phoenixes in the Internet Era – The Changing Role of Libraries Dame Lynne J. Brindley Digital Libraries in the Current Legal and Educational Environment 14. The Development of Digital Libraries in the United States June M. Besek 15. Digital Libraries in the Current Legal and Educational Environment: A European Perspective Marco Ricolfi 16. Digital Libraries in the Current Legal and Educational Environment: Towards a Remunerated Compulsory License or Limitation? Raquel Xalabarder Collective Administration for Online Libraries: A Rightsholders’ Dream or an Outdated Illusion? 17. Digital Libraries: Collective Administration for Online Libraries – A Rightsholders’ Dream or an Outdated Illusion? Tarja Koskinen-Olsson 18. Towards a Contextual Copyright? Ysolde Gendreau Online Digitalisation and Licensing 19. Google Book Search Harjinder Obhi 20. Problem or Solution? Mass Digitisation of Library Stocks and the Google Book Settlement Christian Sprang 21. Online Exploitation and Licensing: General Reporter’s Summary and Proposals for Discussion J.A.L. Sterling PART III: THE BORDERLESS ERA: INTERNATIONAL EXHAUSTION, GLOBAL ADMINISTRATION AND FORMALITIES 22. Introduction to Part III Paul Torremans International Exhaustion 23. International Exhaustion André Lucas 24. The Economic Perspective: Exhaustion in the Digital Age Andreas Wiebe Exhaustion in Digital Products: The Impact on Economic Rights 25. The Legal Perspective on Exhaustion in the Borderless Era: Consideration of a Digital First Sale Doctrine for Online Transmissions of Digital Works in the United States Marybeth Peters 26. Exhaustion in Digital Products and the ‘Accidental’ Impact on the Balance of Interests in Copyright Law Tomasz Targosz 27. Exhaustion – A Casualty of the Borderless Digital Era Trevor Cook Formalities 28. Historical Appearances and Disappearances of Formalities: From Berne to National Laws Delia Lipszyc 29: Formalities in the Digital Era: An Obstacle or Opportunity? Stef van Gompel 30. The US Experience with Formalities: A Love/Hate Relationship Jane C. Ginsburg 31. The Scope of Formalities in International Copyright Law in a Digital Context Takeshi Hishinuma Global Administration 32. The Graduated Response and the Role of Intermediaries: Avoiding the Apocalypse or a Return to the Sources? Pierre Sirinelli Closing Speech Victor Nabhan Closing Dinner Speech at Lincoln’s Inn, 17 June 2009 Lord Hoffmann APPENDICES Appendix 1: The Statute of Anne 1709–1710 Appendix 2: Further Reading Index

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Book SynopsisThis path-breaking research review brings together seminal contributions by leading scholars to the vibrant literature on copyright that has emerged over the past few decades. This consists of articles analyzing copyright from the perspective of history, philosophy and democratic theory and then focuses on the economics of copyright, including monopoly theory, public goods theory, price discrimination, transaction cost economics and political economy.Trade Review‘. . . this book is a wonderful reference tool for anyone who is interested in obtaining a broad overview of copyright law and how it interacts with economics.’Table of ContentsContents: Volume I Acknowledgements Introduction Christopher S. Yoo PART I THE HISTORY OF COPYRIGHT 1. Tyler T. Ochoa and Mark Rose (2002), ‘The Anti-Monopoly Origins of the Patent and Copyright Clause’ 2. Thomas B. Nachbar (2005), ‘Monopoly, Mercantilism, and the Politics of Regulation’ 3. Paul M. Schwartz and William Michael Treanor (2003), ‘Eldred and Lochner: Copyright Term Extension and Intellectual Property as Constitutional Property’ 4. Peter Jaszi (1991), ‘Toward a Theory of Copyright: The Metamorphoses of “Authorship”’ 5. Oren Bracha (2008), ‘The Ideology of Authorship Revisited: Authors, Markets, and Liberal Values in Early American Copyright’ PART II PHILOSOPHICAL FOUNDATIONS 6. Justin Hughes (1988), ‘The Philosophy of Intellectual Property’ 7. Seana Valentine Shiffrin (2001), ‘Lockean Arguments for Private Intellectual Property’ 8. Jeanne L. Schroeder (2006), ‘Unnatural Rights: Hegel and Intellectual Property’ PART III DEMOCRATIC THEORIES 9. Neil Weinstock Netanel (1996), ‘Copyright and Democratic Civil Society’ 10. Shyamkrishna Balganesh (2009), ‘Debunking Blackstonian Copyright’ Volume II Acknowledgements An introduction to both volumes by the editor appears in Volume I PART I PUBLIC GOOD ECONOMICS, MONOPOLY AND PRICE DISCRIMINATION 1. William W. Fisher III (1988), ‘Reconstructing the Fair Use Doctrine. “Introduction” and “Chapter IV- Economic Analysis”’ 2. Michael J. Meurer (2001), ‘Copyright Law and Price Discrimination’ 3. Christopher S. Yoo (2004), ‘Copyright and Product Differentiation’ 4. Christopher S. Yoo (2007), ‘Copyright and Public Good Economics: A Misunderstood Relation’ PART II TRANSACTION COSTS AND THE NEW INSTITUTIONAL ECONOMICS 5. Wendy J. Gordon (1982), ‘Fair Use as Market Failure: A Structural and Economic Analysis of the “Betamax” Case and its Predecessors’ 6. Robert P. Merges (1996), ‘Contracting into Liability Rules: Intellectual Property Rights and Collective Rights Organizations’ 7. Abraham Bell and Gideon Parchomovsky (2009), ‘The Evolution of Private and Open Access Property’ 8. Clarisa Long (2004), ‘Information Costs in Patent and Copyright’ PART IV THE POLITICAL ECONOMY OF COPYRIGHT 9. Jessica D. Litman (1987), ‘Copyright, Compromise, and Legislative History’ 10. Thomas B. Nachbar (2002), ‘Constructing Copyright’s Mythology’ 11. Robert P. Merges (2000), ‘Intellectual Property Rights and the New Institutional Economics’

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Book SynopsisIn this provocative book, Carys Craig challenges the assumptions of possessive individualism embedded in modern day copyright law, arguing that the dominant conception of copyright as private property fails to adequately reflect the realities of cultural creativity.Employing both theoretical argument and doctrinal analysis, including the novel use of feminist theory, the author explores how the assumptions of modern copyright result in law that frequently restricts the kinds of expressive activities it ought to encourage. In contrast, Carys Craig proposes a relational theory of copyright based on a dialogic account of authorship, and guided by the public interest in a vibrant, participatory culture. Through a critical examination of the doctrines of originality and fair dealing, as well as the relationship between copyright and freedom of expression, she explores how this relational theory of copyright law could further the public purposes of the copyright system and the social values it embodies. This unique and insightful study will be of great interest to students and scholars of intellectual property, communications, cultural studies, feminist theory and the arts and humanities.Contents: 1. Introduction Part I: Copyright and Cultural Creativity in Context 2. Constructing Authorship: The Underlying Philosophy of the Copyright Model 3. Authorship and Conceptions of the Self: Feminist Theory and the Relational Author Part II: The Origin of Copyright: Locke, Labour and Limiting the Author s Right 4. Against a Lockean Approach to Copyright 5. The Evolution of Originality: The Author s Right and the Public Interest Part III: Use, Transformation and Appropriation : Exploring the Limits of Copyright 6. Fair Dealing and the Purposes of Copyright Protection 7. Dissolving the Conflict between Copyright and Freedom of Expression 8. Final Conclusions IndexTrade Review‘The book is elegantly written throughout and, despite my reservations, I find that it builds a persuasive argument. . . Throughout her book, Craig works tirelessly to persuade us of the veracity of her argument. . . her careful construction of the argument, showing us through judicious use of case law how small shifts in interpretation and attitude can start to make a significant difference, is noteworthy. My anxiety at the reliance of feminist scholarship was unfounded. While its influence is there, Craig’s thoughtful use of its authority means that it melds well into the broader focus of her thesis. I finished the book feeling energised and hopeful that there is perhaps a way that we can move from the current rather polarised and polemical approach and expansionary tendencies in copyright law to one that is more principled and balanced. I highly commend this book to you and hope that when you have read it, you will feel as refreshed as I did.’ -- Charlotte Waelde, Journal of Media LawTable of ContentsContents: 1. Introduction Part I: Copyright and Cultural Creativity in Context 2. Constructing Authorship: The Underlying Philosophy of the Copyright Model 3. Authorship and Conceptions of the Self: Feminist Theory and the Relational Author Part II: The Origin of Copyright: Locke, Labour and Limiting the Author’s Right 4. Against a Lockean Approach to Copyright 5. The Evolution of Originality: The Author’s Right and the Public Interest Part III: Use, Transformation and ‘Appropriation’: Exploring the Limits of Copyright 6. Fair Dealing and the Purposes of Copyright Protection 7. Dissolving the Conflict between Copyright and Freedom of Expression 8. Final Conclusions Index

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Book SynopsisThanks to digitisation and the Internet, preservation of and access to our cultural heritage - which consists of works protected by copyright and works in the public domain - have never been easier. This essential book examines the twin issues of the preservation of, and access to, cultural heritage and the problems copyright law creates and the solutions it can at the same time provide. The expert contributors explore the extent to which current copyright laws from Europe and beyond prevent or help the constitution of a centralized online repository of our cultural heritage. Provided legal reform is achieved and the additional financial and organisational hurdles are overcome, this work argues that it should be possible to fulfill the dream of an online Alexandrian library.Copyright and Cultural Heritage will appeal strongly to both academics and practitioners of intellectual property as well as to policymakers - as it proposes modifications to copyright law in the UK and beyond. This book will also provoke thought amongst associated and interested parties from industry and those using, managing or distributing content.Trade Review‘This book, an edited collection of 2009 conference papers, provides a broad and thought-provoking account. . . I believe the collection will be a valuable addition to academic and law libraries.’ -- Susan Corbett, Prometheus‘. . . this work edited by Dr Derclaye offers a timely contribution, as it addresses the issue of orphan works by means of reference to legal deposit schemes. . . it is apparent that Copyright and Cultural Heritage is a valuable work, in that it approaches the issue of global preservation and access to works from many angles and employs both a multi-territorial and multidisciplinary approach.’ -- Eleonora Rosati, Journal of Intellectual Property Law and Practice‘Copyright and Cultural Heritage offers a fine pick discussing the preservation of cultural heritage and the Internet’s affects upon these efforts. . . Legal reforms, social issues such as access, and more makes this a fine college-level academic pick for legal and social issues collections concerned with intellectual property rights.’- The Midwest Book ReviewTable of ContentsContents: Introduction Estelle Derclaye PART I: THE EUROPEAN PERSPECTIVE 1. A Global Digital Register for the Preservation and Access to Cultural Heritage: Problems, Challenges and Possibilities Tanya Aplin 2. Registers, Databases and Orphan Works Caroline Colin 3. Copyright Protection for the Restoration, Reconstruction and Digitization of Public Domain Works Andreas Rahmatian 4. Photography, Copyright and the South Kensington Experiment Ronan Deazley 5. Archiving Exceptions: Where are we and where do we need to go? Paul Torremans PART II: THE US PERSPECTIVE 6. Archiving and Preservation in US Copyright Law Laura Gasaway 7. A Central Register of Copyrightable Works: A US Perspective Steven Hetcher PART III: ANOTHER WAY TO PRESERVE AND ACCESS CULTURAL HERITAGE: THE DOMAINE PUBLIC PAYANT 8. Preserving and Accessing our Cultural Heritage: Argentina’s Experience through the Domaine Public Payant Delia Lipszyc and Carlos Alberto Villalba PART III: THE CULTURAL SECTOR INSTITUTION’S PERSPECTIVE 9. Preserving and Accessing our Cultural Heritage – Issues for Cultural Sector Institutions: Archives, Libraries, Museums and Galleries Tim Padfield PART IV: THE CULTURAL HERITAGE SPECIALIST’S PERSPECTIVE 10. Friends or Foes? Two Ways of Thinking on the Relation between the Tasks of Cultural Heritage Institutions and the Protection of Copyright Lucky Belder Conclusion Estelle Derclaye 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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