Entertainment and media law Books

Book SynopsisExplores the culture that made military shooter video games popular, and key in understanding the War on TerrorNo video game genre has been more popular or more lucrative in recent years than the military shooter. Franchises such as Call of Duty, Battlefield, and those bearing Tom Clancy's name turn over billions of dollars annually by promising to immerse players in historic and near-future battles, converting the reality of contemporary conflicts into playable, experiences. In the aftermath of 9/11, these games transformed a national crisis into fantastic and profitable adventures, where seemingly powerless spectators became solutions to these virtual Wars on Terror. Playing War provides a cultural framework for understanding the popularity of military-themed video games and their significance in the ongoing War on Terror. Matthew Payne examines post-9/11 shooter-style game design as well as gaming strategies to expose how these practices perpetuate and challenge reigning political bTrade ReviewA unique and ambitious analysis of the relationship between the military and the video game industry. With a tremendous breadth of knowledge, Payne weaves together contemporary cultural criticism of war and post-9/11 politics with play theory, production studies, and textual analyses. Impressively crafted,Playing Waris sure to take its place among the growing body of key works that define game studies. -- Nina Huntemann,co-editor of Gaming Globally: Production, Play, and PlaceAs the first book-length work examining military shooting games, Matthew Thomas Paynes Playing War is a critical analysis of war games, how they frame war, and how war itself is treated like a game. Recommended for scholars of war games and military studies alike. -- Mark J. P. Wolf,co-editor of The Video Game Theory Reader

Read more less

Book SynopsisThe teenager has often appeared in culture as an anxious figure, the repository for American dreams and worst nightmares, at once on the brink of success and imminent failure. Spotlighting the troubled teen as a site of pop cultural, medical, and governmental intervention, Chronic Youth traces the teenager as a figure through which broad threats to the normative order have been negotiated and contained. Examining television, popular novels, science journalism, new media, and public policy, Julie Passanante Elman shows how the teenager became a cultural touchstone for shifting notions of able-bodiedness, heteronormativity, and neoliberalism in the late twentieth century. By the late 1970s, media industries as well as policymakers began developing new problem-driven edutainment' prominently featuring narratives of disabilityfrom the immunocompromised The Boy in the Plastic Bubble to ABC's After School Specials and teen sick-lit. Although this conjoining of disability and Trade Review[] Elmans critiques of particular media content have value. * The Journal of American History *Julia Passanante Elman has written a fine cross-disciplinary study that pulls from the fields of disability studies, popular culture, adolescent literature, queer theory, sociology, and history. * Children's Literature Association Quarterly *Chronic Youth is cultural studies at the top of its gamea whip-smart read that makes groundbreaking contributions across a diversity of disciplines. Its voice is passionate; its case studies are meticulously parsed; and its conclusions more than mere food for thought. It is, in sum, a profound treatise on how and why we worry, police, manufacture, and delude ourselves into the faux crisis that is the teenager in contemporary American cultures. -- Scott Herring,author of Another Country: Queer Anti-UrbanismWith rigorous and insightful analysis of popular media representations, Elman shows how disability has increasingly become an all-purpose referent for the & problem years of transition from childhood to adulthood. Bringing disability and femininity into the framework of youth studies in order to address a neglected intersection of experiences, Chronic Youth provides a wonderful example of what disability studies can bring to media studies of the body. * David T. Mitchell,George Washington University *Chronic Youthis a gripping read; a fascinating and much welcome addition to studies of disability and youth moving beyond dominating and naturalised tropes of youth-as-becoming and disability-to-be-overcome to instead engage with the politics of & adulthood. * Disability and Society *In her rigorous, ambitious, and timely study, Chronic Youth, Julie Passanante Elman powerfully demonstrates how the transformation of the teenager from rebel to patient in the US not only reflects an understanding of the teenager as a problem to be managed and solved but has also participated more broadly in an ongoing normalization of a culture of rehabilitation as & coterminous with good citizenship for everyone. * Journal of American Studies *Chronic Youth is a timely study whose meaning message of & growing up will appeal to readers of the journal, and Elmans clear and concise writing will enthrall others as well. * ournal of the History of Childhood and Youth *Table of ContentsContents Acknowledgments ix Introduction: From Rebel to Patient 1 1 Medicine Is Magical and Magical Is Art: Liberation and Overcoming in The Boy in the Plastic Bubble 29 2 After School Special Education: Sex, Tolerance, and Rehabilitative Television 63 3 Cryin' and Dyin' in the Age of Aliteracy: Romancing Teen Sick-Lit 93 4 Crazy by Design: Neuroparenting and Crisis in the Decade of the Brain 131 Conclusion: Susceptible Citizens in the Age of Wiihabilitation 167 Notes 177 Bibliography 205 Index 231 About the Author 243

Read more less

Book SynopsisIn Paris, a static video camera keeps watch on a bourgeois home. In Portland, a webcam documents the torture and murder of kidnap victims. And in clandestine intelligence offices around the world, satellite technologies relentlessly pursue the targets of global conspiracies. Such plots represent only a fraction of the surveillance narratives that have become commonplace in recent cinema. Catherine Zimmer examines how technology and ideology have come together in cinematic form to play a functional role in the politics of surveillance. Drawing on the growing field of surveillance studies and the politics of contemporary monitoring practices, she demonstrates that screen narrative has served to organize political, racial, affective, and even material formations around and through surveillance. She considers how popular culture forms are intertwined with the current political landscape in which the imagery of anxiety, suspicion, war, and torture has become part of daily life. FroTrade ReviewSurveillance Cinemapresents cutting-edge scholarship in the field of cinema studies in its reconceptualization of the centrality of surveillance to film narratives, subject formations, and temporalities. Smartly pushing beyond the critical models that have long been associated with surveillance in and outside of cinema, Zimmer makes a persuasive case for examining surveillance within historical and political contexts. An excellent book, both far-reaching and convincing in its claims,Surveillance Cinemais sure to become one of the central works in the emerging field of surveillance studies.- -- Aviva Briefel,co-editor of Horror after 9/11: World of Fear, Cinema of Terror[A] genuinely groundbreaking study. Timely, ideologically engaged and passionate in its critique both of contemporary geopolitics and the cinematic works that depict its sites of contestation, this is a book of significant interest to scholars in the fields of film studies and surveillance studiesand to those of us who are, quite justifiably, haunted by the sense that someone, somewhere is watching. -- Linnie Blake * Times Higher Education *Catherine ZimmersSurveillance Cinemaexplores the increasing presence of surveillance narratives in tandem with the socio-political ideologies underpinning the proliferation and normalization of monitoring technologies. * Surveillance & Society *InSurveillance Cinema, Catherine Zimmer sets out to claim that our popular imagination of surveillanceconstructed by decades of espionage thrillers, police procedurals, and torture horror flicksserves to create and sustain the actual methods of surveillance that have come to encompass almost all cultural and social life. * Rain Taxi *Surveillance Cinemais a thorough, innovative project useful to scholars researching surveillance. * Creative Commons *Catherine Zimmer offers a generative analysis of surveillance as aesthetic and structuring logic....an exciting project that will surely open doors in critical examinations of surveillance, popular culture, and power. * Film Criticism *Zimmers absorbing study zeroes in on the work of & surveillance cinemaher term for films in this modein the near present. Indeed, rather than focusing on the construction of an elaborate genealogy, Surveillance Cinematurns specifically to the & millennial surge in films and television series organized around and by surveillance technologies. * Film Quarterly *Table of Contentsvii Contents Acknowledgments ix Author's Note xi Introduction: Surveillance Cinema in Theory and Practice 1 1. Video Surveillance, Torture Porn, and Zones of Indistinction 31 2. Commodified Surveillance: First-Person Cameras, the Internet, and Compulsive Documentation 73 3. The Global Eye: Satellite, GPS, and the "Geopolitical Aesthetic" 115 4. Temporality and Surveillance I: Terrorism Narratives and the Melancholic Security State 157 5. Temporality and Surveillance II: Surveillance, Remediation, and Social Memory in Strange Days 181 Conclusion 209 Notes 221 Bibliography 251 Index 261 About the Author 273 9781479864379 zimmer text.indd 7 1/20/15 3:32 PM

Read more less

Book SynopsisSpotlighting the "troubled teen" as a site of pop cultural, medical, and governmental intervention, this book traces the teenager as a figure through which broad threats to the normative order have been negotiated and contained. It shows how teenagers became a lynchpin for a culture of perpetual rehabilitation and neoliberal governmentality.Trade Review[] Elmans critiques of particular media content have value. * The Journal of American History *Julia Passanante Elman has written a fine cross-disciplinary study that pulls from the fields of disability studies, popular culture, adolescent literature, queer theory, sociology, and history. * Children's Literature Association Quarterly *Chronic Youth is cultural studies at the top of its gamea whip-smart read that makes groundbreaking contributions across a diversity of disciplines. Its voice is passionate; its case studies are meticulously parsed; and its conclusions more than mere food for thought. It is, in sum, a profound treatise on how and why we worry, police, manufacture, and delude ourselves into the faux crisis that is the teenager in contemporary American cultures. -- Scott Herring,author of Another Country: Queer Anti-UrbanismWith rigorous and insightful analysis of popular media representations, Elman shows how disability has increasingly become an all-purpose referent for the & problem years of transition from childhood to adulthood. Bringing disability and femininity into the framework of youth studies in order to address a neglected intersection of experiences, Chronic Youth provides a wonderful example of what disability studies can bring to media studies of the body. * David T. Mitchell,George Washington University *Chronic Youthis a gripping read; a fascinating and much welcome addition to studies of disability and youth moving beyond dominating and naturalised tropes of youth-as-becoming and disability-to-be-overcome to instead engage with the politics of & adulthood. * Disability and Society *In her rigorous, ambitious, and timely study, Chronic Youth, Julie Passanante Elman powerfully demonstrates how the transformation of the teenager from rebel to patient in the US not only reflects an understanding of the teenager as a problem to be managed and solved but has also participated more broadly in an ongoing normalization of a culture of rehabilitation as & coterminous with good citizenship for everyone. * Journal of American Studies *Chronic Youth is a timely study whose meaning message of & growing up will appeal to readers of the journal, and Elmans clear and concise writing will enthrall others as well. * ournal of the History of Childhood and Youth *Table of ContentsContents Acknowledgments ix Introduction: From Rebel to Patient 1 1 Medicine Is Magical and Magical Is Art: Liberation and Overcoming in The Boy in the Plastic Bubble 29 2 After School Special Education: Sex, Tolerance, and Rehabilitative Television 63 3 Cryin' and Dyin' in the Age of Aliteracy: Romancing Teen Sick-Lit 93 4 Crazy by Design: Neuroparenting and Crisis in the Decade of the Brain 131 Conclusion: Susceptible Citizens in the Age of Wiihabilitation 167 Notes 177 Bibliography 205 Index 231 About the Author 243

Read more less

Book SynopsisExplores the culture that made military shooter video games popular, and key in understanding the War on TerrorNo video game genre has been more popular or more lucrative in recent years than the military shooter. Franchises such as Call of Duty, Battlefield, and those bearing Tom Clancy's name turn over billions of dollars annually by promising to immerse players in historic and near-future battles, converting the reality of contemporary conflicts into playable, experiences. In the aftermath of 9/11, these games transformed a national crisis into fantastic and profitable adventures, where seemingly powerless spectators became solutions to these virtual Wars on Terror. Playing War provides a cultural framework for understanding the popularity of military-themed video games and their significance in the ongoing War on Terror. Matthew Payne examines post-9/11 shooter-style game design as well as gaming strategies to expose how these practices perpetuate and challenge reigning political bTrade Review"A unique and ambitious analysis of the relationship between the military and the video game industry. With a tremendous breadth of knowledge, Payne weaves together contemporary cultural criticism of war and post-9/11 politics with play theory, production studies, and textual analyses. Impressively crafted,Playing Waris sure to take its place among the growing body of key works that define game studies." -- Nina Huntemann,co-editor of Gaming Globally: Production, Play, and Place"As the first book-length work examining military shooting games, Matthew Thomas Paynes Playing War is a critical analysis of war games, how they frame war, and how war itself is treated like a game. Recommended for scholars of war games and military studies alike." -- Mark J. P. Wolf,co-editor of The Video Game Theory Reader

Read more less

Book SynopsisUsing a transnational approach, this volume explores the ownership, importation, and circulation of talent and content from Latin America, placing the dynamics of the global political economy and cultural politics in the foreground of contemporary analysis of Latina/o media.Trade Review"Contemporary Latina/o Mediaprovides scholars with a much-needed resource for rethinking media studies and will undoubtedly emerge as a touchstone volume on its topic. Scholars of Latino/a media will seek it out for several of its groundbreaking essays, and students at all levels will find the writing accessible and sophisticated." * American Studies Journal *"With the changing demographics of the US, Latina/os are playing an important role in redefining Latina/o media. Davila and Rivero bring together media, cultural, and ethnic studies scholars to develop a contemporary analysis of Latina/o media through a transnational lens." * Choice *"With a finger on the pulse of critical issues in media studies writ large,Contemporary Latina/o Mediaprovides a serious study of Latina/o media as a constellation of transnational industries always in search of the Latina/o consumer. In an age in which Latin American economies may surpass the US in terms of growth, this collections focus on Latina/o media markets as a terrain of struggle is a timely and significant contribution to scholarship in the field." -- Vicki Mayer,author of Producing Dreams, Consuming Youth: Mexican Americans and Mass MediaTable of ContentsPart I. Production 1. Corporate Transnationalism: The US Hispanic and 21 Latin American Television Industries Juan Pinon 2. Converging from the South: Mexican Television in the 44 United States Rodrigo Gomez, Toby Miller, and Andre Dorce 3. NuvoTV: Will It Withstand the Competition? 62 Henry Puente 4. One Language, One Nation, and One Vision: 82 NBC Latino, Fusion, and Fox News Latino Christopher Joseph Westgate 5. The Gang's Not All Here: The State of Latinos in 103 Contemporary US Media Frances Negron-Muntaner 6. Latinos at the Margins of Celebrity Culture: 125 Image Sales and the Politics of Paparazzi Vanessa Diaz Part II. Circulation, Distribution, Policy 7. Anatomy of a Protest: Grey's Anatomy, Colombia's 149 A corazon abierto, and the Politicization of a Format Yeidy M. Rivero 8. Colombianidades Export Market 169 Omar Rincon and Maria Paula Martinez 9. The Role of Media Policy in Shaping the US Latino 186 Radio Industry Mari Castaneda 10. Lost in Translation: The Politics of Race and Language 206 in Spanish-Language Radio Ratings Dolores Ines Casillas 11. The Dark Side of Transnational Latinidad: 223 Narcocorridos and the Branding of Authenticity Hector Amaya Part III. Cultural Politics 12. "No Papers, No Fear": DREAM Activism, New Social 245 Media, and the Queering of Immigrant Rights

Read more less

Book SynopsisThe election of President Barack Obama signaled for many the realization of a post-racial America, a nation in which racism was no longer a defining social, cultural, and political issue. This title helps you examine television's role as the major discursive medium in the articulation and contestation of racialized identities in the United States.Trade Review"Collectively the essays document the dominance of colorblind ideology, which, the volume argues, has been enabling the continuation of 'racial apathy.' This volume contributes to postracial discourse and is also a valuable resource for those interested in media criticism." * Choice *"Overall, The Colorblind Screen is a timely anthology that joins a smallbut, I hope, growingnumber of works that address colorblind and post-race discourses in media. This collection demonstrates the continued need to consider the central role television plays in the articulation, construction, and contestation of contemporary racial politics . . . . This collection is essential for anyone interested in exploring current racial politics and representations of racial difference in media." * International Journal of Communication *Table of ContentsIntroduction Sarah Nilsen and Sarah E. TurnerPart I: Theories of Colorblindness1. Shades of ColorblindnessAshley ("Woody") Doane 2. Rhyme and ReasonRoopali Mukherjee3. The End of Racism? Colorblind Racism and Popular Media Eduardo Bonilla-Silva and Austin AshePart II: Icons of Post-Racial America4. Oprah Winfrey5. The Race Denial CardDavid J. Leonard and Bruce Lee Hazelwood 6. Representations of Arabs and Muslims in Post-9/11 Television DramasEvelyn Alsultany7. Maybe Brown People Aren't So Scary If They're Funny ComediesDina IbrahimPart III: Reinscribing Whiteness8. "Some People Just Hide in Plain Sight"Sarah Nilsen9. Watching TV with White SupremacistsC. Richard King10. BBFFsPart IV: Post-Racial Relationships11. Matchmakers and Cultural CompatibilityShilpa Dave12. Mainstreaming Latina IdentityPhilip A. Kretsedemas13. Race in Progress, No Passing ZoneJinny Huh About the Contributors Index

Read more less

Book Synopsis"Due to the graphic nature of this program, viewer discretion is advised." Most of us have encountered this warning while watching television at some point. It is typically attached to a brand of reality crime TV that Paul Kaplan and Daniel LaChance call "crimesploitation": spectacles designed to entertain mass audiences by exhibiting "real" criminal behavior and its consequences. This book examines their enduring popularity in American culture. Analyzing the structure and content of several popular crimesploitation shows, including Cops, Dog: The Bounty Hunter, and To Catch a Predator, as well as newer examples like Making a Murderer and Don't F**K with Cats, Kaplan and LaChance highlight the troubling nature of the genre: though it presents itself as ethical and righteous, its entertainment value hinges upon suffering. Viewers can imagine themselves as deviant and ungovernable like the criminals in the show, thereby escaping a law-abiding lifestyle. Alternatively, they can identify with law enforcement officials, exercising violence, control, and "justice" on criminal others. Crimesploitation offers a sobering look at the depictions of criminals, policing, and punishment in modern America. Trade Review"Insisting that the consumption of other people's pain is a defining feature of the neoliberal carceral state, Crimesploitation will not let us meaninglessly 'escape' into our true crime media streaming and listening. Instead, Kaplan and LaChance move us toward a critical reckoning with the exploitative forms of (un)freedom that media's spectacle of crime and punishment have conjured. A powerful dose of thoughtful accountability, this volume points the way to getting truly 'real' about—and intervening in—the suffering that a culture of punishment has produced. I cannot wait to cite, teach, and buy copies of this book for friends and family."—Michelle Brown, The University of Tennessee"Kaplan and LaChance show that crimesploitation programs help to maintain the status quo of the neoliberal carceral state. Crimesploitation's focus on individual pathology as a cause of crime and 'law and order' as the solution to crime steers viewers away from important structural causes of crime and the need for reform in the criminal justice system and society-at-large. They do so while exploiting people in their worst moments, showing a 'reality' of crime that carefully avoids being too real."—Andrew J. Baranauskas, Criminal Law and Criminal Justice Books"[Crimesploitation] presents a well-grounded, readable argument for rethinking crime and justice reality television. It is unhesitantly recommended."—Ray Surette, Criminal Justice Review"Kaplan and LaChance provide excellent and easily digestible accounts of the politics of reality TV crimesploitation, and their emphasis on connecting media representations of crime and punishment to existing social, political, and economic inequalities in the neoliberal era will provide political scientists, sociologists, and media scholars with abundant resources to continue exploring the relationship between popular culture and the practices and ideologies of policing in America."—Emma Cytrynbaum, Law, Culture, and HumanitiesTable of Contents1. Humiliation, Inc.: Policing the Criminal on Primetime 2. Watching the Night Creatures: Crimesploitation and Boredom 3. Cuffs of Love: Punishment and Redemption in Crimesploitation 4. Middlebrow Crimesploitation Epilogue: W(h)ither Crimesploitation?

Read more less

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

Read more less

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

Read more less

Book Synopsis"Due to the graphic nature of this program, viewer discretion is advised." Most of us have encountered this warning while watching television at some point. It is typically attached to a brand of reality crime TV that Paul Kaplan and Daniel LaChance call "crimesploitation": spectacles designed to entertain mass audiences by exhibiting "real" criminal behavior and its consequences. This book examines their enduring popularity in American culture. Analyzing the structure and content of several popular crimesploitation shows, including Cops, Dog: The Bounty Hunter, and To Catch a Predator, as well as newer examples like Making a Murderer and Don't F**K with Cats, Kaplan and LaChance highlight the troubling nature of the genre: though it presents itself as ethical and righteous, its entertainment value hinges upon suffering. Viewers can imagine themselves as deviant and ungovernable like the criminals in the show, thereby escaping a law-abiding lifestyle. Alternatively, they can identify with law enforcement officials, exercising violence, control, and "justice" on criminal others. Crimesploitation offers a sobering look at the depictions of criminals, policing, and punishment in modern America. Trade Review"Insisting that the consumption of other people's pain is a defining feature of the neoliberal carceral state, Crimesploitation will not let us meaninglessly 'escape' into our true crime media streaming and listening. Instead, Kaplan and LaChance move us toward a critical reckoning with the exploitative forms of (un)freedom that media's spectacle of crime and punishment have conjured. A powerful dose of thoughtful accountability, this volume points the way to getting truly 'real' about—and intervening in—the suffering that a culture of punishment has produced. I cannot wait to cite, teach, and buy copies of this book for friends and family."—Michelle Brown, The University of Tennessee"Kaplan and LaChance show that crimesploitation programs help to maintain the status quo of the neoliberal carceral state. Crimesploitation's focus on individual pathology as a cause of crime and 'law and order' as the solution to crime steers viewers away from important structural causes of crime and the need for reform in the criminal justice system and society-at-large. They do so while exploiting people in their worst moments, showing a 'reality' of crime that carefully avoids being too real."—Andrew J. Baranauskas, Criminal Law and Criminal Justice Books"[Crimesploitation] presents a well-grounded, readable argument for rethinking crime and justice reality television. It is unhesitantly recommended."—Ray Surette, Criminal Justice Review"Kaplan and LaChance provide excellent and easily digestible accounts of the politics of reality TV crimesploitation, and their emphasis on connecting media representations of crime and punishment to existing social, political, and economic inequalities in the neoliberal era will provide political scientists, sociologists, and media scholars with abundant resources to continue exploring the relationship between popular culture and the practices and ideologies of policing in America."—Emma Cytrynbaum, Law, Culture, and HumanitiesTable of Contents1. Humiliation, Inc.: Policing the Criminal on Primetime 2. Watching the Night Creatures: Crimesploitation and Boredom 3. Cuffs of Love: Punishment and Redemption in Crimesploitation 4. Middlebrow Crimesploitation Epilogue: W(h)ither Crimesploitation?

Read more less

Book SynopsisEven more than the occasional and fleeting right to vote, citizens' equal and peremptory prerogatives of expression within public discourse distinguish post-World War II democracies from all earlier and rival forms of government. In fundamentally transforming public discourse, electronic media transform the very conditions of political legitimacy. Ian Cram continues to innovate at the forefront of the free speech debates by exploring that historical shift in the way we speak, and therefore in the way we govern ourselves.'- Eric Heinze, Queen Mary, University of London, UKThis monograph explores the phenomenon of 'citizen journalism' from a legal and constitutional perspective. It describes and evaluates emerging patterns of communication between a new and diverse set of speakers and their audiences. Drawing upon political theory, the book considers the extent to which the constitutional and legal frameworks of modern liberal states allow for a 'contestatory space' that advances the scope for non-traditional speakers to participate in policy debates and to hold elites to account.Topics covered include the regulation of offensive, abusive and anonymous speech, online defamation, compelled disclosure of 'journalists'' sources, private online research by jurors and analysis of the application of pre-Web 2.0 laws to non-traditional media speakers and outlets. After surveying a range of criminal and civil law provisions that impair the communicative reach of non-mainstream speakers, the broad conclusion casts doubt upon the capacity of 'citizen journalists' to effect a significant shift towards republican self-rule.Offering an original analysis of the phenomenon of 'citizen journalism' with developments from a broad range of jurisdictions, this book is a valuable resource for students, academics, policymakers and law reform agencies in the fields of constitutional law, human rights, media freedom, journalism and comparative media regulation.Trade Review‘Even more than the occasional and fleeting right to vote, citizens’ equal and peremptory prerogatives of expression within public discourse distinguish post-World War II democracies from all earlier and rival forms of government. In fundamentally transforming public discourse, electronic media transform the very conditions of political legitimacy. Ian Cram continues to innovate at the forefront of the free speech debates by exploring that historical shift in the way we speak, and therefore in the way we govern ourselves.’ -- Eric Heinze, Queen Mary, University of London, UKTable of ContentsContents: 1. Introduction: Republican Moments, Machiavelli and Digital Communications 2. A Digital Republic of Citizens 3. Against Civility? - Arguments for Protecting ‘Bad Taste’, Disrespectful and Anonymous Online Speakers 4. Beyond the Fourth Estate: Rethinking the Privileges of ‘Journalists’ in the Era of New Media 5. Google and the ‘Unvirtuous’ Juror? - A Comparative Constitutional Analysis of Some Digital Challenges to Fair Trials 6. Conclusion: The Sceptical Cyber-republican Index

Read more less

Book SynopsisThe phenomenal growth of the media and entertainment industries has contributed to a fragmented approach to intellectual property rights. Written by a range of experts in the field, this Handbook deals with contemporary aspects of intellectual property law (IP), and examines how they relate to different facets of media and entertainment. A stimulating array of chapters cover topics such as: IP rights in the news, spectacles and other ephemera; copyright and fan activities; performers' and moral rights; IP protection of television formats; publicity and personality rights; trade marks in entertainment products; traditional knowledge, and the global digital distribution of media content. Highlighting the need for the law to accommodate a rapidly expanding and modernizing industry, suggestions are made for future developments. Novel and contemporary, this Handbook will appeal to both academics and students across the field of IP, particularly in relation to media and entertainment. Its practical focus will also appeal to both practitioners and judges looking to work within and develop this most fascinating and topical area of the law.Contributors include: E. Adeney, T. Aplin, G. Austin, D.S. Caudill, M. de Zwart, G. Dinwoodie, S. Frankel, J. Ginsburg, L. Golding, J. Griffiths, M. Handler, D. Hunter, D. Mac Síthigh, M. Richardon, S. Ricketson, M. Rimmer, D. Tan, J. Thomas, P.K. Yu, M. WilliamsTrade Review‘This very interesting collection of papers looks at the interface between intellectual property protection and the media and entertainment industries. . . This book covers a diverse array of subjects, which emphasise the creative fertility of intellectual property law and its scholars.’ -- European Intellectual Property ReviewTable of ContentsContents: Introduction Megan Richardson and Sam Ricketson 1. Intellectual Property in News? Why Not? Sam Ricketson and Jane Ginsburg 2. Emerging Rights in Live Spectacles and Other Ephemera David S. Caudill 3. Fair Dealing After Deckmyn: The United Kingdom’s Defence for Caricature, Parody and Pastiche Jonathan Griffiths 4. Fair Use and Transformative Play in the Digital Age David Tan 5. ‘Someone is Angry on the Internet’: Copyright, Creativity and Control in the Context of Fan Fiction Melissa de Zwart 6. The Dancing Baby: Copyright Law, YouTube, and Music Videos Matthew Rimmer 7. One Ring to Rule Them All: Rights in Live Performances Mark Williams 8. A Matter of Respect: The Moral Rights of the Entertainer Elizabeth Adeney 9. Entertaining Foreign Copyrights Graeme W. Austin 10. A Seamless Global Digital Marketplace of Entertainment Content Peter K. Yu 11. Recoding Famous Brands in Advertising and in Entertainment Products: Case Studies on the So-called Harms of Trade Mark Dilution Michael Handler 12. Lego’s System of Play Meets Intellectual Property: From the Engineered Object to Digital Media Dan Hunter and Julian Thomas 13. The Game’s the Thing: Property, Priorities and Perceptions in the Video Games Industries Daithí Mac Síthigh 14. Opportunity Knocks for Dramatic Copyright in Television Formats Lindy Golding 15. Filling the IP Gap: Privacy and Tabloidism Tanya Aplin 16. Publicity Right, Personality Right, or Just Confusion? Graeme Dinwoodie and Megan Richardson 17. Traditional Knowledge as Entertainment Susy Frankel Index

Read more less

Book SynopsisSocial media offers a platform for individual self-expression and the sharing of information. However, social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from both public and private law perspectives and outlines how the law has endeavoured to adapt the existing tools to social media. The expert contributors explore a range of ideas to investigate the intersection between law and social media and they provide an insight into the challenges the legal community currently face. This collection explores key topics such as public and private law implications, the gap between the lay and legal understandings of social media, the conflict of laws regarding social media and the individual rights associated with social media. This timely study of a complex and ever-changing area of law will be of interest to legal scholars, students and practitioners and will provide a valuable source of reference for those studying or researching media and journalism.Contributors include: R.D. Barnes, E. Garnier, L.E. Gillies, E. Harbinja, E.B. Laidlaw, D. Mac Síthigh, D. Mangan, A. Mills, A.D. Murray, J. Rowbottom, A. Scott, I. Walden, L. Woods, P. WraggTrade Review'In the early years of the World Wide Web, legal scholars predicted that much of the conventional wisdom on information policy would be challenged by full, democratic access to mass distribution and publication. This terrific collection of essays breathes new life into the middle-aged problems of ''cheap speech''. Each contribution elegantly serves up big, foundational problems in the law through focused examination of specific topics, such as how social media has driven up the use of harassment laws and contempt of court orders, or how private intermediaries decide what a ''joke'' is. This collection will be both educational and a sheer joy to read for anybody with a serious or casual interest in communications law.' --Jane Bambauer, University of Arizona, US'After the legal challenges caused by the internet in general, the interactive web 2.0 added another dimension of legal complexity with social media as the most prominent exponent. This book brings together the best experts, and offers sharp analyses from the angle of the rule of law, contempt of court, press regulation, freedom of expression, working places, complaints, liability and human rights. The book cuts across legal disciplines and explores new paths, making it a valuable addition to the field of internet law.' --Arno R. Lodder, Vrije Universiteit Amsterdam, the NetherlandsTable of ContentsContents: Foreword Sir Edward Garnier QC 1. Introduction David Mangan and Lorna E. Gillies A. Social media and the law 2. Mapping the rule of law for the internet Andrew D. Murray B Public order in a virtual space 3. Crime and communication: do legal controls leave enough space for freedom of expression Jacob Rowbottom 4. Press regulation in a converging environment Ian Walden 5. Contempt of court and new media Daithí Mac Síthigh 6. Social media: it is not just about Article 10 Lorna Woods C Private law responses to social media 7. What is a joke? Mapping the path of a speech complaint on social networks Emily B. Laidlaw 8. Social media, sporting figures and the regulation of morality Robin D. Barnes and Paul Wragg 9. Post-mortem social media: law and Facebook after death Edina Harbinja 10. Social media in the workplace David Mangan 11. An unwholesome layer cake: intermediary liability in English defamation and data protection law Andrew Scott D Cross border regulation of virtual space 12. Getting the balance right: human rights in residual jurisdiction rules of English courts for cross-border torts via social media Lorna E. Gillies 13. Choice of law in defamation and the regulation of free speech on social media: nineteenth century law meets twenty-first century problems Alex Mills Index

Read more less

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

Read more less

Book SynopsisThe creative industries are becoming of increasing important from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights.Distinguished international contributors reflect on the diverse policy approaches from across the world, taking into consideration a broad spectrum of economic and philosophical stances. In doing so, the topical chapters offer a global exploration of a wide breadth of issues, including sector-specific examples ranging from museums to traditional knowledge and artificial intelligence to enforcement and new business models. Intriguingly, this Handbook also looks forward to future challenges and developments regarding the role of IP in creative industries. Delivering fresh and challenging perspectives on the rich and important relationship between IP and the creative industries, this Handbook will be vital reading for scholars of IP. It will also be an important reference for advisors to, policymakers for, and funders of the creative industries, as well as activists challenging the power of IP.Contributors include: H. Berthold, A.E. Brown Abbe, R. Burt, I. Calboli, S. Chillas, S. Collins, J. Cornwell, C. Davies, K. Erickson, S. Frankel, N. Gervassis, M. Grewar, A. Guadamuz, V. Hafstein, C. Handke, J. Hartley, E. Kakiuchi, A. Keshet, S. Kheria, G.N. Mandel, R. Mukonoweshuro, E. Nwauche, M. Pavis, J. Reda, N. Rizk, A. Sabiescu, P. Schlesinger, N. Searle, J. Stapleton, S. Teilmann-Lock, B. Townley, C. Waelde, S. Whatley, H.K. Yilmaztekin, R.I. YudhishthirTrade Review'This volume gives incisive insight into the conflicted dynamics between IP and the creative industries. The authors cut through much rhetoric and entrenched positions to nudge the reader into entertaining the possibility of alternate perspectives and policy positions. The case studies, sectoral focus and evaluation of cross-sector issues deepens and grounds the authors' arguments in the lived reality of industry players and national or regional contexts. The discussion of enforcement and economics as well as the fore-sighting section ensures comprehensive treatment of the volume's focus. An enriching read.' --Caroline B Ncube, University of Cape Town, South Africa'The social synergy which exists between IP and the creative industries is becoming increasingly important globally. This all-embracing volume, edited by highly respected professors, provides a vital contribution to law and policy thinking. It offers a range of discourses including subaltern perspectives and oft-forgotten subjects including: museum curating, economic analyses on artists' earnings, business models coupled with corporate social responsibility, plus less visible creative sectors including ethnic fashion and dance.' --Uma Suthersanen, Queen Mary, University of LondonTable of ContentsContents: Foreword by Ian Hargreaves Introduction Abbe E. L. Brown and Charlotte Waelde Part I Setting the Scene: What is Intellectual Property and why is it relevant to creative industries 1. Whither the creative economy? Some reflections on the European case Philip Schlesinger 2. Copyright and performers’ rights in the creative industries: old laws for new challenges Mathilde Pavis 3. Design, utility models and patents Stina Teilmann-Lock 4. Passing off, unfair competition and trade marks Hasan Kadir Yilmaztekin 5. Intellectual property in creative industries: the economic perspective Christian Handke Part II National and Regional Perspectives 6. Intellectual property and creative industries policy in the UK Kristofer Erickson 7. Intellectual property and creative industries policy in Africa Enyinna Nwauche 8. The Creative industries and intellectual property in India Yudhishthir Raj Isar 9. If all you have is a hammer: Promoting the creative industries through EU copyright reform Julia Reda 10. Cultural creative industries from a cultural policy perspective: the case of Japan Emiko Kakiuchi Part III Intellectual Property, Creativity and Reward: Sharing and Enforcement 11. Open approaches to sharing: Registered and unregistered rights Andres Guadamuz 12. Open approaches to sharing: Egypt’s independent music - a realm of sharing and creativity Nagla Rizk 13. Intellectual property enforcement: empirical consideration of enforcement action Jane Cornwell 14. Enforcement and remedy: What is success? IP litigation and the Creative Industries Abbe E. L. Brown Part IV Case Studies: Coping with Legal, Social and Technical Change 15. Visual Arts: Artists’ voices from the field Smita Kheria 16. Problematising heritage crafts authorship and ownership: steps towards the intellectual property protection of the traditional Romanian blouse Amalia Sabiescu 17. Performing arts: a study of dance Charlotte Waelde and Sarah Whatley 18. Traditional knowledge: Protecting the intangible and tracing the development of international protection for folklore Stephen Collins 19. The creative sector and traditional knowledge Susy Frankel 20. Software: Intellectual property and artificial intelligence Roger Burt and Colin Davies 21. Copyright in Museums Amalyah Keshet Part V Cross-Sector Issues 22. Theory and philosophy Jaime Stapleton 23. How people understand intellectual property, creativity and reward Gregory N. Mandel 24. Appropriating value: on the relationship between business models and intellectual property Henning Berthold, Melinda Grewar, Shiona Chillas and Barbara Townley 25. Corporate social responsibility, intellectual property and the creative industries Abbe E. L. Brown, Nicholas Gervassis and Rumbidzai Mukonoweshuro Part VI Foresighting 26. The hard sell: economics and intellectual property policy in the creative and cultural industries Nicola Searle 27. Creative industries, diversity and intellectual property Irene Calboli 28. Creative economy: industry versus language? John Hartley 29. Distributed, cumulative, collaborative, collective creativity Valdimar Tr. Hafstein Index

Read more less

Book SynopsisDrawing on rich, empirical case studies this innovative book provides a contemporary and comprehensive exploration of the plural, dynamic and precarious processes, materials, practices, interventions and relationships on social network sites, and their resultant power effects, when copyright and data privacy rights are at stake.In pursuit of this objective, chapters develop a cutting-edge conceptual power lens that brings together Actor-Network theory and Foucauldian scholarship on power. Applying this analytical framework to the case studies of Facebook (data protection) and YouTube (copyright), Asma Vranaki draws critical attention to underexplored and novel matters in digital regulation. These matters include resistance; the materiality of regulation; complex, contingent, fragile and dynamic digital ‘regulatory spaces’; the contingency of power; law as a heterogenous ‘assemblage’; the unintended consequence of local orderings; and the links between power and spaces. Ultimately, the author demonstrates that power effects are highly localised, precarious and contingent outcomes of manifold, complex and fluid alliances between diverse humans and non-humans.Advancing various contentions on how social network sites can be successfully regulated, the empirical analyses and multi-disciplinary approaches in this book will prove invaluable to students, scholars and practitioners of law, particularly those interested in regulation, data protection and copyright in social network sites.Trade Review‘Lawyers are nowadays used to the idea that law needs to be studied in its context. This book’s major insight is that context is not merely the background to law, but rather that the web of power relationships between actors is the primary context which shapes the law and gives it meaning in action. Power is not reserved to lawmakers and platform owners – all actors have some degree of power. Thus we learn that YouTube’s copyright notice and takedown processes and its Content ID system are merely influenced by the content of law rather than determined by it, and that rights owners and content creators use these ‘legal’ structures in unexpected ways which give them new meanings. Similarly, data privacy on Facebook is not statically determined by legal texts such as laws and platform terms, but is a dynamic balance whose shifts are determined by power asserted by all players in the Facebook ecosystem. Vranaki’s use of Actor Network Theory and Foucault’s theories of power to analyse these phenomena is always illuminating, and few readers will finish this book without a new and deeper understanding of how law works.’ -- Chris Reed, Queen Mary University of London, UK‘Asma Vranaki dives into power relationships online, in particular social networks. She critically surveys cyberspace regulation literature, and suggests an improved theory. The core of the monograph studies empirically issues of Facebook on data protection, and YouTube on copyright. The monograph is wonderfully written, sharply analysed, and a joy to read.’ -- Arno R. Lodder, Vrije Universiteit, the NetherlandsTable of ContentsContents: 1. Introduction to Social network sites: Power, regulation and law 2. Regulating digital environments: From the Wild West to regulation to power 3. SNS as ‘assemblages’: Of power, relationality and resistance 4. YouTube, piracy and copyright: A socio-legal-technological tale 5. YouTube, copyright and power 6. Data privacy regulation on Facebook: A socio-legal-technological achievement 7. Investigating regimes of power on Facebook 8. SNS: Of regulation and power Bibliography Index

Read more less

Book SynopsisThis cutting-edge Research Handbook presents a comprehensive overview of the European Union’s influence on the regulation of the media sector in the digital age. It explores and compares several areas of European legislation that have an impact on the media sector, defined in a broad sense for its capacity to influence the public opinion at large.Utilising law and policy perspectives, chapters explain EU media policy by successive approximations, moving from the general to the specific. It first examines certain fundamental pillars of EU legal assets that undoubtedly help to characterize the action of the European Union in the industry, then moves to analyse other fields of legislation, where a series of 'sectoral' rules also affect and shape the media. These fields include competition rules, rules on electronic communications, rules on e-Commerce, and data protection regulation, up to the recently revised Audiovisual Media Services Directive. In the final section of the Research Handbook, several authors discuss how the digital disruption is shaping the future of European media policy. The Research Handbook also has a particular focus on the methodology of the Media Pluralism Monitor; a major tool used to specifically assess the risks for media pluralism and freedom in Europe.Innovative and timely, this Research Handbook will be a crucial companion for academics and students in the fields of law, policy and media, who wish to further their understanding of the logic of future developments in the EU digital media sector.Trade ReviewThis is an excellent book that will be indispensable to specialists in the field and a key resource for generalists seeking a comprehensive overview of the state of the art relating to the media regulation, freedom and plurality in the EU. It provides contributions from some of the leading scholars in the field.’ -- Damian Tambini, London School of Economics, UKTable of ContentsContents: Introduction to Research Handbook on EU Media Law and Policy : understanding the EU approach to media law and policy. The scope of the Handbook and a presentation of the contributions 1 Pier Luigi Parcu and Elda Brogi PART I INTRODUCTION 1 EU and media policy: conceptualising media pluralism in the era of online platforms. The experience of the Media Pluralism Monitor 16 Elda Brogi, Roberta Carlini, Iva Nenadić, Pier Luigi Parcu, and Mario Viola de Azevedo Cunha 2 The Audiovisual Media Services Directive and the promotion of European works: cultural mainstreaming revisited 32 Evangelia Psychogiopoulou 3 Old and new media: the interactions of merger control and plurality regulation 54 Anna Pisarkiewicz and Michele Polo 4 Public service media and European Union law: a new human rights framework? 75 Rachael Craufurd Smith 5 The impact of judicial interactions among European and national courts and regulators on EU media law 94 Federica Casarosa PART II THE MEDIA SECTOR AND THE DIGITAL SINGLE MARKET 6 The EU regulation of electronic communications networks and services 110 Alexandre de Streel and Christian Hocepied 7 The secondary liability of online intermediaries 141 Giovanni Sartor 8 Freedom of expression and the rule of law: the debate in the context of online platform regulation 166 Marta Maroni and Elda Brogi 9 Regulating geo-blocking discriminatory practices in the digital single market 190 Giovanni De Gregorio 10 The intersection of EU media policy and copyright: protecting the value of cultural creation in television and online content services 208 Giuseppe Mazziotti 11 Data protection, freedom of expression, competition and media pluralism: challenges in balancing and safeguarding rights in the age of Big Data 235 Mario Viola de Azevedo Cunha and Shara Monteleone 12 Digital taxation and media policy 249 Roberta Carlini PART III THE AUDIOVISUAL MEDIA SERVICES DIRECTIVE (AVMSD) 13 The Audiovisual Media Services Directive 264 Sally Broughton Micova 14 The evolving scope of application of the AVMS Directive 282 Peggy Valcke and Ingrid Lambrecht 15 Video-sharing platforms in AVMSD: a new kind of content regulation 303 Ľuboš Kukliš 16 The promotion of European works by audiovisual media service providers 326 Ernesto Apa and Giovanni Gangemi, 17 The determinants of independence of audiovisual media regulators: the scope of Article 30 352 Adriana Mutu PART IV EU MEDIA POLICY IN EVOLUTION 18 Indices ranking freedom of expression: a comparison between the Media Pluralism Monitor, Reporters without Borders and Freedom House 366 Elda Brogi, Iva Nenadić and Pier Luigi Parcu 19 Community and minority media: “the third sector” in European policies and Media Pluralism Monitor 383 Beata Klimkiewicz 20 EU enlargement policy and the media: a political or a technical issue? 397 Brankica Petković and Sandra Bašić-Hrvatin 21 Disinformation and misinformation: the EU response 407 Maria Luisa Stasi and Pier Luigi Parcu 22 Policy changes to strengthen the protection of media freedom and media pluralism in the EU 427 Pier Luigi Parcu and Maria Alessandra Rossi Index

Read more less

Book SynopsisFeaturing international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant - one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law. This highly original Research Handbook provides stimulating and provocative discussions that bring together multiple perspectives on how art and law relate to each other in all of their various manifestations, across diverse legal regimes, fields, contexts, and times. With the objective of starting an interdisciplinary dialogue on visual art and the law, this Research Handbook reflects the varied voices of lawyers, artists, criminologists and curators, and engages with broad notions of the two fields, exploring established themes alongside new areas and unfamiliar questions. Wide-ranging and accessible, the Research Handbook on Art and Law will be of interest to law students and scholars engaged with the fields of law and the visual arts, as well as copyright lawyers, art historians and socio-legal scholars.Trade Review‘The collection of essays edited by Jani McCullen and Fiona McGaughey is a welcome contribution to the thorny relationship between law and the arts. This volume offers diversified perspectives on law and art, both through the examination of copyright and the various laws presiding the protection of the work of art. The examination of how law permeates art and, conversely, how art can be instrumental in exposing the miscarriages of law, makes this critical work a milestone in the studies concerning the interrelation between law and art, going well beyond the way law and art have been connected and compared so far.’ -- Daniela Carpi, Pólemos: Law, Literature & Culture‘This volume offers diversified perspectives on law and art, both through the examination of copyright and the various laws presiding the protection of the work of art. The examination of how law permeates art and, conversely, how art can be instrumental in exposing the miscarriages of law, makes this critical work a milestone in the studies concerning the interrelation between law and art, going well beyond the way law and art have been connected and compared so far.’ -- Daniela Carpi, Pólemos'In an age where imaginative thinking is needed more than ever, this lively meeting of minds is a most welcome endeavor. Moving beyond registers of opposition, this wide-ranging collection addresses the intersection of art and law as a necessary provocation for thinking more deeply about what it means to live fully and justly. Lawyers, judges, legal theorists, philosophers, curators and artists are deftly brought together, making this Research Handbook invaluable for anyone invested in the intersection of law and culture.' --Joan Kee, University of Michigan, US'In a world increasingly dominated by the visual - a world also in which ''the law'' and its promise of justice absorb giant and global political and interdisciplinary challenges - there is no more timely book than this one investigating the relationships between visual art and law.' --Jessica Silbey, Northeastern University, USTable of ContentsContents: Foreword xiv Introduction to the Research Handbook on Art and Law 1 Jani McCutcheon and Fiona McGaughey PART I COPYRIGHT’S RIGHTS IN ART 1 Making art from words: the picturisation adaptation right in copyright law 11 Jani McCutcheon 2 The fine art of rummaging: successors and the life cycle of copyright 26 Eva E Subotnik PART II COPYRIGHT’S REGULATION OF ART 3 Regulating the artist: laws, norms and practices 42 Chris Dent 4 Copying artistic works: copyright, aesthetics, and artistic practice 59 Jonathan Barrett 5 The Prince and the President’s daughter: a tale of copyright and contemporary art 77 Julian R Murphy and Nicholas Modrzewski PART III THE OUTER BOUNDARIES OF ART IN LAW 6 The curator’s copyright 95 Alana Kushnir 7 Patentability and fine art 114 Michael Blakeney 8 Untangling copyright and trade marks in art and advertising 129 Amanda Scardamaglia 9 Demystifying colour regulation in art – protecting substances, appearances and beyond 142 Ema Denby, Paul Green-Armytage and Jani McCutcheon PART IV REGULATING ‘BAD’ ART 10 Preventing art forgery and fraud through emerging technology: application of a regulatory pluralism model 160 Jade Lindley 11 The effectiveness of Australia’s legal system in addressing problematic artwork 177 Dan Mossenson PART V ART, LAW AND THE PUBLIC INTEREST 12 Preserving street art and graffiti: can the law reconcile the (often conflicting) rights of artists, property owners and local communities? 194 Enrico Bonadio 13 Classifying art in diverse legal regimes: the function-aesthetic divide and the public interest 209 Marta Iljadica PART VI ART CRITIQUING OR GIRDING LEGAL SYSTEMS 14 The exorcist: law’s crimes and art’s super powers 225 Desmond Manderson 15 Lady injustice: inequality and legal iconography 239 Ben Wardle PART VII LAW IN ART 16 Intellectual property law as artistic medium 259 Shane Burke 17 On The Nullians 278 Jani McCutcheon 18 Thinking through seeing: legal minds and images 286 Ruth Herz PART VIII MULTIPLICITY OF INTERPRETATIONS 19 The public good in poetic justice: on the art (and law) of Felix Gonzalez-Torres 302 Sonia K Katyal 20 The decommission of I See Red : a case study in the relations between art and law 318 Lee Harrop and Nicolas J Bullot PART IX ART, LAW, VIOLENCE AND CRIME 21 A law unto themselves: murals in the Northern Ireland conflict 335 Fiona McGaughey 22 Breaking the frame: abortion under arrest in contemporary visual art? 353 Natalie Linda Jones 23 The artist turned criminal: emotional obstacles to severing the body from the body of work 368 Gregory Dale PART X ART IN INTERNATIONAL LAW 24 Art and human rights law 389 Sarah Joseph 25 Image and art in the Whaling in the Antarctic case 408 Alice Palmer Index 427

Read more less

Book SynopsisIn today's society, the power of someone's reputation, or influence, has been turned into a job: that of being a social media influencer. This role comes with promises, such as aspirational work, but is rife with challenges, given the controversy that often surrounds influencers. This is the first book on the regulation of social media influencers, that brings together legal, economic and ethical angles to further unveil the implications of influencer marketing. Thus far, influencers have been under scrutiny for not disclosing paid advertising, yet their activity has many more questionable implications. This edited volume combines insights from law, economics, ethics and communication science to reveal these implications and propose new ways in which public bodies, social media companies and citizens ought to relate to influencer marketing. Academics and students of Law, Economics, Ethics and Communication Science will find policy making insights in this collection. In addition, The Regulation of Social Media Influencers will be essential reading for regulators. Contributors include: E. Apa, M. de Cock Bunning, S. de Jans, M. de Veirman, R. Ducato, I. Ebert, C. Fieseler, C. Goanta, L. Hudders, M. Leiser, M. Leszczynska, D. Mangan, G. Newlands, F. Pflücke, O. Pollicino, S. Ranchordás, D. Sindermann, E. van den Abeele, S. van der Hof, G. van Dijck, V. Verdoodt, I. WildhaberTrade Review'Social media influencers are a new object of study. Bringing together experts from different disciplines, this book offers a unique set of lenses to examine the legal, ethical, and broader societal implications of this fascinating phenomenon that is emblematic of today's attention economy. Covering a broad range of pressing issues from consumer protection to labor and speech law, the volume provides both practical insights as well as ''food for thought'' as we reimagine the role of law in the digital age.' --Urs Gasser, Harvard University, USTable of ContentsContents: 1 The regulation of social media influencers: an introduction 1 Catalina Goanta and Sofia Ranchordás PART I SOCIAL MEDIA, FREE SPEECH AND PUBLIC INTEREST 2 Free speech and the right of publicity on social media 22 Ernesto Apa and Oreste Pollicino 3 Life after the European Audiovisual Media Services Directive: social media influencers through the looking-glass 47 Madeleine de Cock Buning 4 An ethical view on influencer marketing – dynamic interaction between individual and economy or a simple data-driven advertising model? 74 Isabel Ebert and Dana Sindermann 5 Child labour and online protection in a world of influencers 98 Valerie Verdoodt, Simone van der Hof and Mark Leiser PART II INFLUENCER MARKETING AT WORK 6 Unravelling the power of social media influencers: a qualitative study on teenage influencers as commercial content creators on social media 126 Marijke De Veirman, Steffi De Jans, Elisabeth Van den Abeele and Liselot Hudders 7 #dreamjob: navigating pathways to success as an aspiring Instagram influencer 167 Gemma Newlands and Christian Fieseler 8 Influencer marketing as labour: between the public and private divide 185 David Mangan PART III CONSUMER DISCLOSURES AND CONTRACT LAW 9 Controlling influencer content through contracts: a qualitative empirical study on the Swiss influencer market 210 Catalina Goanta and Isabelle Wildhaber 10 One hashtag to rule them all? Mandated disclosures and design duties in influencer marketing practices 232 Rossana Ducato PART IV SOCIAL MEDIA AND EMPIRICAL RESEARCH DESIGN 11 Assessing the methodological quality of empirical research on social media influencers 275 Monika Leszczyńska and Gijs van Dijck 12 Making influencers honest: the role of social media platforms in regulating disclosures 299 Felix Pflücke Index 323

Read more less

Book SynopsisAn Introduction to Media Law and Ethics equips future journalists with a fundamental foundation of legal knowledge while underscoring the importance of journalism in preserving a democratic society.During the course of 15 chapters, students learn about the ethical tenets of journalism and the character and courage needed to pursue them in an increasingly litigious world. The book explains the legalities of defamation and invasion of privacy; the law and ethics of visual storytelling, specifically photojournalism and videography; and clarifies common copyright infringement issues. Additional chapters summarise and illustrate relevant laws impacting the internet and social media, as well as newsgathering and how a "journalist" is defined nationwide. Individual chapters also describe media access to courtrooms, broadcast law, censorship, obscenity, free speech at schools, commercial speech, and fake news. Each chapter includes exercises, links to online resources, images, and charts to strengthen the learning experience.An Introduction to Media Law and Ethics is an ideal resource for courses and programs in journalism, media, and law.

Read more less

Book SynopsisThis timely book explores how the internet and social media have permanently altered the media landscape, enabling new actors to enter the marketplace and changing the way that news is generated, published and consumed. It examines the importance of citizen journalists, whose newsgathering and publication activities have made them crucial to public discourse and central actors in the communication revolution. Investigating how the internet and social media have enabled citizen journalism to flourish, and what this means for the traditional institutional press, the public sphere, and media freedom, the book demonstrates how communication and legal theory are applied in practice.Peter Coe advances a concept of ‘media as a constitutional component’, which distinguishes media from non-media actors based on the functions they perform, rather than institutional status, and uses this to provide a conceptual framework that recognises modern newsgathering and publication methods. This interdisciplinary book analyses the legal challenges created across a range of topical issues, including online anonymity and pseudonymity, defamation, privacy and public interest, contempt of court and press regulation.Media Freedom in the Age of Citizen Journalism will be a key resource for students, scholars, practitioners and policy-makers of information and media law, constitutional administrative law, communication and media studies, journalism and philosophy.Trade Review‘Concerns about media freedom are growing at the same time as non-institutional media become more important. This insightful and thoughtful book explores the concept of media freedom, its rationale and its justifications and provides an account of it which integrates citizen journalism. It is an important contribution to the scholarship on the concept of media freedom.’ -- David Rolph, The University of Sydney, Australia‘Media law and free speech scholars usually talk either about the fundamental issues of media freedom or the challenges posed by new technology. This volume deals with both. Coe’s book not only shakes the “dead dogmas” (to quote John Stuart Mill) of the legal notion of media freedom, but also shows how these doctrines need to be re-interpreted for the 21st Century.’ -- András Koltay, University of Public Service and Pázmány Péter Catholic University, HungaryTable of ContentsContents: 1. Introduction PART I THE MODERN MEDIA LANDSCAPE 2. A shackled institution: is the notion of the ‘free press’ a fallacy? 3. The internet, social media, and citizen journalism PART II THEORETICAL CONSIDERATIONS 4. Unpacking media freedom as a distinct legal concept 5. The media-as-a-constitutional-component concept: a new theoretical foundation for media freedom 6. What the media-as-a-constitutional-component concept means for media freedom PART III LEGAL CHALLENGES 7. Anonymous and pseudonymous speech 8. Contempt of court and defamation 9. Reimaging regulation Index

Read more less

Book SynopsisFeaturing international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant - one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law. This highly original Research Handbook provides stimulating and provocative discussions that bring together multiple perspectives on how art and law relate to each other in all of their various manifestations, across diverse legal regimes, fields, contexts, and times. With the objective of starting an interdisciplinary dialogue on visual art and the law, this Research Handbook reflects the varied voices of lawyers, artists, criminologists and curators, and engages with broad notions of the two fields, exploring established themes alongside new areas and unfamiliar questions. Wide-ranging and accessible, the Research Handbook on Art and Law will be of interest to law students and scholars engaged with the fields of law and the visual arts, as well as copyright lawyers, art historians and socio-legal scholars.Trade Review‘The collection of essays edited by Jani McCullen and Fiona McGaughey is a welcome contribution to the thorny relationship between law and the arts. This volume offers diversified perspectives on law and art, both through the examination of copyright and the various laws presiding the protection of the work of art. The examination of how law permeates art and, conversely, how art can be instrumental in exposing the miscarriages of law, makes this critical work a milestone in the studies concerning the interrelation between law and art, going well beyond the way law and art have been connected and compared so far.’ -- Daniela Carpi, Pólemos: Law, Literature & Culture‘This volume offers diversified perspectives on law and art, both through the examination of copyright and the various laws presiding the protection of the work of art. The examination of how law permeates art and, conversely, how art can be instrumental in exposing the miscarriages of law, makes this critical work a milestone in the studies concerning the interrelation between law and art, going well beyond the way law and art have been connected and compared so far.’ -- Daniela Carpi, Pólemos'In an age where imaginative thinking is needed more than ever, this lively meeting of minds is a most welcome endeavor. Moving beyond registers of opposition, this wide-ranging collection addresses the intersection of art and law as a necessary provocation for thinking more deeply about what it means to live fully and justly. Lawyers, judges, legal theorists, philosophers, curators and artists are deftly brought together, making this Research Handbook invaluable for anyone invested in the intersection of law and culture.' --Joan Kee, University of Michigan, US'In a world increasingly dominated by the visual - a world also in which ''the law'' and its promise of justice absorb giant and global political and interdisciplinary challenges - there is no more timely book than this one investigating the relationships between visual art and law.' --Jessica Silbey, Northeastern University, USTable of ContentsContents: Foreword xiv Introduction to the Research Handbook on Art and Law 1 Jani McCutcheon and Fiona McGaughey PART I COPYRIGHT’S RIGHTS IN ART 1 Making art from words: the picturisation adaptation right in copyright law 11 Jani McCutcheon 2 The fine art of rummaging: successors and the life cycle of copyright 26 Eva E Subotnik PART II COPYRIGHT’S REGULATION OF ART 3 Regulating the artist: laws, norms and practices 42 Chris Dent 4 Copying artistic works: copyright, aesthetics, and artistic practice 59 Jonathan Barrett 5 The Prince and the President’s daughter: a tale of copyright and contemporary art 77 Julian R Murphy and Nicholas Modrzewski PART III THE OUTER BOUNDARIES OF ART IN LAW 6 The curator’s copyright 95 Alana Kushnir 7 Patentability and fine art 114 Michael Blakeney 8 Untangling copyright and trade marks in art and advertising 129 Amanda Scardamaglia 9 Demystifying colour regulation in art – protecting substances, appearances and beyond 142 Ema Denby, Paul Green-Armytage and Jani McCutcheon PART IV REGULATING ‘BAD’ ART 10 Preventing art forgery and fraud through emerging technology: application of a regulatory pluralism model 160 Jade Lindley 11 The effectiveness of Australia’s legal system in addressing problematic artwork 177 Dan Mossenson PART V ART, LAW AND THE PUBLIC INTEREST 12 Preserving street art and graffiti: can the law reconcile the (often conflicting) rights of artists, property owners and local communities? 194 Enrico Bonadio 13 Classifying art in diverse legal regimes: the function-aesthetic divide and the public interest 209 Marta Iljadica PART VI ART CRITIQUING OR GIRDING LEGAL SYSTEMS 14 The exorcist: law’s crimes and art’s super powers 225 Desmond Manderson 15 Lady injustice: inequality and legal iconography 239 Ben Wardle PART VII LAW IN ART 16 Intellectual property law as artistic medium 259 Shane Burke 17 On The Nullians 278 Jani McCutcheon 18 Thinking through seeing: legal minds and images 286 Ruth Herz PART VIII MULTIPLICITY OF INTERPRETATIONS 19 The public good in poetic justice: on the art (and law) of Felix Gonzalez-Torres 302 Sonia K Katyal 20 The decommission of I See Red : a case study in the relations between art and law 318 Lee Harrop and Nicolas J Bullot PART IX ART, LAW, VIOLENCE AND CRIME 21 A law unto themselves: murals in the Northern Ireland conflict 335 Fiona McGaughey 22 Breaking the frame: abortion under arrest in contemporary visual art? 353 Natalie Linda Jones 23 The artist turned criminal: emotional obstacles to severing the body from the body of work 368 Gregory Dale PART X ART IN INTERNATIONAL LAW 24 Art and human rights law 389 Sarah Joseph 25 Image and art in the Whaling in the Antarctic case 408 Alice Palmer Index 427

Read more less

Book SynopsisGraphic novels and comics have launched characters and stories that play a dominant role in contemporary popular culture throughout the world. The extensive revisions in this second edition of Comic Art, Creativity and the Law update the author’s analysis of important changes at the intersection of law and comics, featuring an examination of how recent cases will affect the creative process as applied to comic art.Throughout, Marc H. Greenberg examines the impact of contract law, copyright law (including termination rights, parody and ownership of characters), tax law and obscenity law on the creative process. He considers how these laws enhance and constrain the process of creating comic art by examining the effect their often inconsistent and incoherent application has had on the lives of creators, retailers and readers of comic art. Thoroughly revised and updated, there are new chapters featuring a discussion of important new cases in copyright work-for-hire and fair use doctrines; the intersection of law and fan-based creations, such as fan fiction, fan art, fan film and cosplay; as well as a new chapter on licensing comics for motion pictures and television.Designed for academics, practitioners, students of law and fans of comic art, the book offers proposals for changes in those laws that constrain the creative process, as well as a glimpse into the future of comic art and the law.Trade ReviewAcclaim for the first edition:‘Mark Greenberg's Comic Art, Creativity and the Law outlines the protective, and often restrictive, aspects of the relationship between the law and the comic book industry. Greenberg's text is a very accessible, even enjoyable read. While Comic Art, Creativity and the Law is fascinating, even compelling, its principle audience is entertainment comic book creators, attorneys, and fans.’ -- Allen Berry, Technical Communication’Talk about an interesting project! This really quite riveting book from Edward Elgar’s Law and Entrepreneurship series explores a not very much explored area of the law; that is the effect, for better or worse, of the law on creativity and the creative process. . . While the book could be considered a guide to ‘the law of comics’, it is more than that. There is much analysis and commentary on the history, structure and modes of comic art, after which, the discussion turns to two legal doctrines: contract and copyright law. The impact of tax and obscenity laws is also discussed. . . With the ten pages ‘table of authorities’ and extensive footnoting, the book is a carefully researched academic study as well as a fascinating read. No doubt it will end up as an exceptionally well-thumbed volume in practitioners’ libraries on both sides of the Atlantic – and fans anywhere, of cartoons and comics will love it.’ -- The Barrister Magazine’Marc Greenberg combines his professional expertise and deep knowledge of comics history to provide the first book-length treatment of the subject of law as it applies to comics. . . an invaluable resource for understanding the issues.’ -- Rob Salkowitz, ICV2‘Comic Art, Creativity and the Law is a highly welcome addition to the literature on the development of comic art. The book stands out in its knowledge of the comic industry and analysis of the legal challenges confronting creative artists. You will enjoy reading it whether you are an art law specialist or a Spiderman fan.’ -- Peter K. Yu, Drake University Law School, US‘In comics, justice always prevails, but the business of comics is a lot trickier. Marc Greenberg combines the expertise of a legal scholar with the passion and insight of a long-time comics fan, untangling the morass of legal issues facing comics – and all creative enterprises – in the past, present and future. Comic Art, Creativity and the Law is essential reading for anyone interested in understanding the multi-billion dollar global industry that comics has spawned.’ -- Rob Salkowitz, author of Comic-Con and the Business of Pop Culture‘Marc Greenberg’s Comic Art, Creativity and the Law gives a detailed, thoughtful “look under the hood” of one of the United States’ most vibrant and under appreciated creative industries. For anyone who cares about truly understanding the creative process and the lives of authors in our times, this should be part of your library.’ -- Justin Hughes, Loyola Law School and chief US negotiator for the Beijing and Marrakesh copyright treaties‘An intellectual tour de force and a compelling read . . . Far beyond a practical guide to the law of comics (though it is that too), Greenberg’s book touches on the nature of creativity, the basis for IP law and the history of this fascinating medium.’ -- Mark A. Lemley, Stanford Law School, USTable of ContentsContents: PART I INTRODUCTION TO THE SECOND EDITION PART II CREATIVITY AND THE LAW 1. The neuroscience of creativity 2. How the law views the creative process PART III COMIC ART – HISTORY, STRUCTURE AND MODE 3. A brief history of comic art 4. The structure and common modes for comic art PART IV THE IMPACT OF LAW ON THE CREATION AND STRUCTURE OF COMIC ART 5. Uneasy bedfellows: comic art creators and publishers – how comic art 6. Copyright law’s impact on the creative process in comic art 7. Fan-based creations – a look at Fan Fiction, Fan Art, Fan Films and Cosplay PART V CONSTRAINING CREATIVITY: THE EFFECT OF TAX LAW AND OBSCENITY LAW ON THE CREATIVE PROCESS 8. The power to tax and the First Amendment: Mavrides v. Board of Equalization 9. Censoring creativity, the Comics Code Authority and the birth of the Comic Book Legal Defense Fund 10. Obscenity law and the First Amendment: CBLDF to the defense 11. The bigger picture: obscenity, the First Amendment and the moral education of the young PART VI COMIC ART AND LAW IN THE INTERNATIONAL AND DIGITAL MARKETS 12. Comic art and the law in the international marketplace 13. Eight tips for licensing comics for film and television 14. Comic art, law and the digital revolution 15. Concluding remarks Index

Read more less

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

Read more less

Book SynopsisThis innovative book provides transdisciplinary analyses of the nature and dynamics of digital game environments whilst tackling the existing fragmentation of academic research.Digital game environments are of increasing economic, social and cultural value. As their influence on diverse facets of life grows, states have felt compelled to intervene and secure some public interests. Yet, the contours of a comprehensive governance model are far from recognisable and governments are grappling with the complexity and fluidity of online games and virtual worlds as private spaces and as experimentation fields for creativity and innovation. This book contributes to a more comprehensive and fine-grained understanding of digital game environments, which is a precondition for addressing any of the pressing governance questions posed. Particular attention is given to the concept and policy objective of cultural diversity, which also offers a unique entry point into the discussion of the appropriate legal regulation of digital games.Governance of Digital Game Environments and Cultural Diversity will be of interest to researchers of media law, internet law and governance, cultural studies, anthropology and sociology. As the book addresses a highly topical theme, it will attract the attention of policymakers at national, regional and international levels and will also serve as a great resource tool for scholars in new media and in particular digital games and virtual worlds.Trade Review‘This collection of legal, philosophical, economic, and cultural perspectives ultimately makes a strong case for the potential value of game environments for addressing diversity issues, but also raises important concerns regarding implementation of corporate and government policies in this sector - highly recommended for anyone exploring this emerging field.’ -- Benjamin T. Duranske, Pillsbury Winthrop Shaw Pittman LLP, US‘Videogaming is serious business. But the legal and theoretical implications of online and virtual environments are little understood. Professor Graber and Ms. Burri-Nenova have done a masterful job of bringing together several insightful articles that inform us about the business, legal and sociological implications of digital gaming. Innovative, fast-paced, and engaging as games themselves, these scholarly works provide invaluable insight for academics, policy makers and perhaps even participants themselves about the reality behind virtual worlds.’ -- Shubha Ghosh, University of Wisconsin Law School, US‘This is an excellent and path-breaking collection of sharp and carefully researched essays. It provides wonderful insights on numerous important aspects of the complex relationship between play, cultural diversity, communications policy, and the governance of virtual societies. The phenomenal growth of these new digital realms has raised important questions across the academic disciplines, making this book’s interdisciplinary focus extremely helpful to potential regulators and university scholars alike.’ -- Greg Lastowka, Rutgers School of Law, Camden, USTable of ContentsContents: Preface PART I: TRANSDISCIPLINARY ENQUIRIES INTO THE NATURE AND DYNAMICS OF DIGITAL GAMES AND VIRTUAL WORLDS 1. Online Games and Virtual Worlds: Business and Policy Developments Christian Reimsbach-Kounatze and Sacha Wunsch-Vincent 2. Beyond Billiard Balls: Transnational Flows, Cultural Diversity and Digital Games Aphra Kerr 3. User Created Content in Virtual Worlds and Cultural Diversity Mira Burri-Nenova 4. The Concept and Conditions of Governance in Massively Multiplayer Online Games Sal Humphreys 5. Second Life: Game or Play? Sociological Analysis of Avatar Diversity in Second Life Sabina Misoch PART II: GOVERNANCE OF DIGITAL GAMES AND VIRTUAL WORLDS: CHALLENGES, OPPORTUNITIES AND LIMITATIONS 6. Governance of Virtual Worlds and the Quest for a Digital Constitution Vaios Karavas 7. State Aid for Digital Games and Cultural Diversity: A Critical Reflection in the Light of EU and WTO Law Christoph Beat Graber 8. The Protection of Minors and its Effect on Cultural Diversity: An Example of Content Regulation in Digital Game Environments Miriam Sahlfeld 9. Advertising in Digital Games and Cultural Diversity: An EC Media Law Enquiry Thomas Steiner Index

Read more less

Book SynopsisDigital communications technology has immeasurably enhanced ourcapacity to store, retrieve, and exchange information. But who controlsour access to information, and who decides what others have a right toknow about us? In Controlling Knowledge, author LornaStefanick offers a thought-provoking and user-friendly overview of theregulatory regime that currently governs freedom of information and theprotection of privacy. Aiming to clarify rather than mystify, Stefanick outlines thehistory and application of FOIP legislation, with special focus on howthese laws affect the individual. To illustrate the impact of FOIP, sheexamines the notion of informed consent, looks at concerns aboutsurveillance in the digital age, and explores the sometimes insidiousinfluence of Facebook. Specialists in public policy and publicadministration, information technology, communications, law, criminaljustice, sociology, and health care will find much here that bearsdirectly on their work, while students and general readers will welcomethe book’s down-to-earth language and accessible style. Intended to serve as a “citizen’s guide,”Controlling Knowledge is a vital resource for anyone seekingto understand how freedom of information and privacy protection arelegally defined and how this legislation is shaping our individualrights as citizens of the information age.Table of ContentsPreface and Acknowledgements ... ix 1. An Introduction to Freedom of Information and PrivacyProtection ... 1 Accessing and Protecting Electronic Data ... 1 Accountability and Autonomy ... 5 Unpacking the Concepts ... 8 Transparency, Privacy, and Good Governance ... 13 Overview of the Book ... 23 2. Privacy Protection ... 29 The Many Dimensions of Privacy ... 29 The March Toward Regulation ... 37 Data Flow, the Thirst for Information, and the Problems of Privacy Protection ... 46 Privacy Protection, Personal Autonomy, and Control ... 59 3. Freedom of Information (FOI) ... 63 Transparency for the Public Good ... 63 The March Toward Regulation ... 71 Administrative Practice: Challenges to the Culture of Openness ... 79 Information Access, Equity, and Fairness ... 93 4.Sharing Medical Information: Antidote or Bitter Pill? ... 97 The Special Case of Health Information ... 97 Electronic Health Records ... 99 Privacy and Confidentiality ... 103 Secondary Uses of Medical Information ... 111 Managing Health Information ... 122 5. Surveillance in the Digital Age ... 125 Surveillance as a Form of Social Control ... 125 Modern Forms of Watching ... 128 Whither Watching? ... 155 6. Social Networking: The Case of Facebook ... 157 The Creation of Online Personalities ... 157 The Power and Perils of Virtual Communities ... 162 Digital Identities, the Commodification of Personality, and theBacklash ... 172 The Future of Facebook ... 182 7. Balancing Freedom of Information and the Protection ofPrivacy ... 187 Questions for Discussion ... 197 Notes ... 205 Selected Bibliography ... 231 Index ... 243

Read more less

Book SynopsisThis book provides an overview of the common concepts and building blocks of patent management. It addresses executives in the areas of innovation, R & D, patent and intellectual property management as well as academics and students.The authors give valuable information on the characteristics of patent and intellectual property management, based on the collaboration with companies and organizations from Europe, China, Japan, Argentina, Brazil, India, Canada and the US.A reference for managers who want to bring information technology innovation with a clear intellectual property strategy to the market. A very readable book. Thomas Landolt, Managing Director, IBMA really comprehensive, all-in book about Patents – strategy, value, management and commercialization. And not forgetting what they are for – foster innovation.Dr. Joerg Thomaier, Head of IP Bayer GroupTrade Review“The book is a very good resource for the managers of companies and other innovative organizations, so that they can properly manage the results of the R&D processes. … I believe it is especially useful for lawyers who must interact with the boards or directors that make protection or investment decisions, since dialogue is not always easy between those who must advise and those who must decide on managers related to intellectual property rights.” (Gustavo Schötz, The IPKat, ipkitten.blogspot.com, November 28, 2020)Table of Contents1. Fundamentals of Intellectual Property Rights.- 2. Protection Strategies.- 3. Evaluating and Valuing Patents.- 4. Successful Practices in Commercializing Patents.- 5. Organizing Patent Management.- 6. Patent Management by Industry.- 7. Patent Management in New Technology Environments.- 8. Useful Information for Practitioners.

Read more less

Book SynopsisAlgorithms are ubiquitous in our daily lives. They affect the way we shop, interact, and make exchanges on the marketplace. In this regard, algorithms can also shape competition on the marketplace. Companies employ algorithms as technologically innovative tools in an effort to edge out competitors. Antitrust agencies have increasingly recognized the competitive benefits, but also competitive risks that algorithms entail. Over the last few years, many algorithm-driven companies in the digital economy have been investigated, prosecuted and fined, mostly for allegedly unfair algorithm design. Legislative proposals aim at regulating the way algorithms shape competition. Consequently, a so-called “algorithmic antitrust” theory and practice have also emerged. This book provides a more innovation-driven perspective on the way antitrust agencies should approach algorithmic antitrust. To date, the analysis of algorithmic antitrust has predominantly been shaped by pessimistic approaches to the risks of algorithms on the competitive environment. With the benefit of the lessons learned over the last few years, this book assesses whether these risks have actually materialized and whether antitrust laws need to be adapted accordingly. Effective algorithmic antitrust requires to adequately assess the pro- and anti-competitive effects of algorithms on the basis of concrete evidence and innovation-related concerns. With a particular emphasis on the European perspective, this book brings together experts and scrutinizes on the implications of algorithmic antitrust for regulation and innovation. Table of ContentsPrologue: Algorithmic Antitrust – A Primer.- Algorithmic Antitrust – A Critical Overview.- Algorithmic Antitrust and Consumer Choice.- Algorithms, Big Data, and Merger Control.- Reasons to be Cheerful – The Benevolent Market Power of Decentralised Blockchains.- Blockchain Antitrust.- The Technology Innovation Time Gap in European Competition Law: Assessing the European Commission’s Approach.- Epilogue: Algorithmic Antitrust – A Questioning.

Read more less

Book SynopsisDieses Buch bietet eine umfassende und praxisbezogene Darstellung des IT-Rechts. Anhand zahlreicher Fallbeispiele und Urteile werden in verständlicher Form alle wichtigen Aspekte des Rechts im elektronischer Geschäftsverkehr behandelt. Das Buch wendet sich an IT-Praktiker in Unternehmen und Verbänden; es eignet sich auch für Studierende an Fachhochschulen und beruflichen Weiterbildungsinstitutionen.Table of ContentsVerfassungsrechtliche Grundlagen.- Mediengesetze nach medialen Erscheinungsformen.- Rechts des elektronischen Geschäftsverkehrs.- IT-Vertragsrecht.- Schutz des geistigen Eigentums.- Wettbewerbsrecht.- Datenschutz, Jugendschutz und allgemeine Strafvorschriften.- Domainrecht.

Read more less

Book SynopsisPeter J. Fries behandelt die Problematik der Regulierung des Social-Media­Phänomens des lnfluencer-Marketings durch Informationspflichten. Er kommt dabei zu dem Ergebnis, dass durch die Informationspflichten im Medien- und Lauterkeitsrecht de lege lata eine ausreichende Regulierung gewährleistet ist und insbesondere keine rechtliche Grauzone vorliegt. Der Autor zeigt aber auf, dass auf der Umsetzungsebene der Informationspflichten eine Veränderung der Informationsmodi erforderlich ist und es im Hinblick auf die Haftung bei Informationspflichtverstößen einer Erweiterung des Kreises der Normadressaten bedarf. Dazu präsentiert er einen eigenen Systematisierungsansatz in Bezug auf die zu verwendenden Informationsmodi bei der Umsetzung der Informationspflichten. Zudem plädiert er für die Etablierung einer Haftungstrias durch die Ausdehnung der Haftung bei Informationspflichtverstößen auf das Werbe­Kooperationsunternehmen und entwickelt verschiedene Haftungsansätze. Table of ContentsWertungsparameter für die Regulierung von und durch Informationspflichten.- Einschlägige Informationspflichten beim Influencer-Marketing.-Eigene Lösungsansätze für die Probleme bei der Umsetzung der Informationspflichten.

Read more less

Book SynopsisAls Instrument der kommerziellen Bilddatenverarbeitung ist die Einwilligung längst anerkannt. Seit Jahrzehnten ist es ständige Rechtsprechung, dass ein Betroffener einen sog. Model-Release-Vertrag mit einem Presseunternehmen abschließen kann, durch den das Presseunternehmen berechtigt wird, das Bildnis des Betroffenen abzudrucken und der Betroffene in der Regel ein Entgelt hierfür erhält. Als Instrument der kommerziellen Datenverarbeitung allgemein ist die Einwilligung hingegen höchst umstritten. Paradigmatisch dafür ist, dass in der Richtlinie über digitale Inhalte zunächst niedergelegt werden sollte, dass Verträge auch gegen Hingabe von personenbezogenen Daten anstelle eines Preises geschlossen werden können. Diese Formulierung ist in der letztendlichen Fassung der Digitale-Inhalte-Richtlinie aber nicht mehr vorhanden. Die Digitale-Inhalte-Richtlinie erlaubt in ihrer endgültigen Fassung einzig eine Anwendbarkeit auf Verträge, die Daten als Gegenleistung ansehen, überlässt die Frage, ob und unter welchen Voraussetzungen derartige Verträge geschlossen werden können aber den nationalen Rechtsordnungen. Um diesen Gestaltungsspielraum auszufüllen, entwickelt die Arbeit ausgehend von der ständigen Rechtspraxis bei der kunsturheberrechtlichen Einwilligung und unter Berücksichtigung der Vorgaben des europäischen Datenschutzrechts praxisorientierte Ergebnisse für die datenschutzrechtliche Einwilligung, die als Gegenleistung in einem Vertrag fungiert.Table of ContentsEinleitung.- Die Einwilligung in die Verarbeitung personenbezogener (Bild-)Daten.- Die Einwilligung als Eckpfeiler eines Datenschuldrechts.- Gesamtergebnis in 33 Thesen.

Read more less

Book SynopsisKernanliegen dieses Werkes ist es, Rechtsanwender bei einer kohärenten Anwendung des am 7. November 2020 in Kraft getretenen medienrechtlichen Diskriminierungsverbots in § 94 des Medienstaatsvertrags innerhalb der Gesamtrechtsordnung zu unterstützen. Hierzu wird das Verhältnis zwischen § 94 Medienstaatsvertrag zu den Vorschriften der kartellrechtlichen Missbrauchskontrolle des deutschen und europäischen Rechts untersucht. Im Zentrum der Betrachtung steht die Frage, ob und inwieweit zwischen diesen Regelungen Potenziale für Normkonflikte oder aber für gegenseitige Ergänzungen bei der Erreichung ihrer Regelungsziele bestehen. Nach einer einleitenden Vorstellung der Begrifflichkeiten „Medienintermediäre und Auffindbarkeitsdiskriminierungen“ sowie ihrer publizistischen Relevanz als Regelungsgegenstand des § 94 Medienstaatsvertrag, werden hierzu die rechtlich-inhaltlichen Vorgaben des medienrechtlichen Diskriminierungsverbots und des kartellrechtlichen Missbrauchsregimes vergleichend gegenübergestellt, konkrete Ergänzungs- und Konfliktpotenziale identifiziert und schließlich ein Vorschlag für eine konfliktfreie Anwendung und Auslegung des § 94 Medienstaatsvertrag entwickelt.Table of ContentsMedienintermediäre.- Auffindbarkeitsdiskriminierungen.- Auffindbarkeitsdiskriminierungen im Medienrecht.- Auffindbarkeitsdiskriminierungen in der kartellrechtlichen Missbrauchskontrolle.- Verhältnis des § 94 MStV zu den Vorschriften der kartellrechtlichen Missbrauchskontrolle.- Die Lösung bestehender Konfliktpotenziale.- Literaturverzeichnis.

Read more less

Book SynopsisThis book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could make the Agreement better suited to the expectations and needs of today’s global economy.Table of ContentsPart I Revisiting the Policy Rationale of TRIPS.- Part II TRIPS as a Legal Framework: Which Geometry?.- Part III Systems Challenges.-Part IV TRIPS and Countervailing Principles.- Part V Exclusivity, Access and Innovation.- Part VI From Enforcing to Enhancing TRIPS.

Read more less

Book SynopsisDieser Band der „Bibliothek der Mediengestaltung“ behandelt die wichtigsten Inhalte zum Medienworkflow sowie zur Kalkulation und zum Projektmanagement.Für diese Bibliothek wurden die Themen des Kompendiums der Mediengestaltung neu strukturiert, vollständig überarbeitet und in ein handliches Format gebracht. Leitlinien waren hierbei die Anpassung an die Entwicklungen in der Werbe- und Medienbranche sowie die Berücksichtigung der aktuellen Rahmenpläne und Studienordnungen sowie Prüfungsanforderungen der Ausbildungs- und Studiengänge.Die Bände der „Bibliothek der Mediengestaltung“ enthalten zahlreiche praxisorientierte Aufgaben mit Musterlösungen und eignen sich als Lehr- und Arbeitsbücher an Schulen und Hochschulen sowie zum Selbststudium.Table of ContentsVorwort.- Einleitung.- Kalkulation.- Projektmanagement.- Workflow.- Index.

Read more less

Book SynopsisTeil I Prolog.- 1. Das Recht und die Digitalisierung.- Teil II Recht und Digitales.- 2. Rechtliche Akteure in einer digitalen Welt.- 3. Eigentum im digitalen Raum.- 4. Blockchain, Smart Contracts und Kryptowährungen.- Teil III Wesen, Risiken und Regulierung der Künstlichen Intelligenz.- 5. Wesen der Künstlichen Intelligenz.- 6. Risiken der Künstlichen Intelligenz.- 7. Regulierung der Künstlichen Intelligenz.- 8. Annex: Ethik der Künstlichen Intelligenz.- Teil IV Mensch und Digitales.- 9. Der digital beeinflusste Mensch.- 10. Der digital erfasste Mensch.- Teil V Digitalisierung des Rechts.- 11. Die Formalisierung des Rechts.- 12. Der digitalisierte Rechtsmarkt.- Teil VI Staat und Digitales.- 13. Digitale Verwaltung.- 14. Digitaler Rechtsstaat.- Teil VII Epilog und Zusammenfassung.- 15. Retrospektive und Entwicklungslinien eines digitalen Wandels.

Read more less

Book SynopsisThis book adds a critical perspective to the legal dialogue on the regulation of ‘smart urban mobility’. Mobility is one of the most visible sub-domains of the ‘smart city’, which has become shorthand for technological advances that influence how cities are structured, public services are fashioned, and citizens coexist. In the urban context, mobility has come under pressure due to a variety of different forces, such as the implementation of new business models (e.g. car and bicycle sharing), the proliferation of alternative methods of transportation (e.g. electric scooters), the emergence of new market players and stakeholders (e.g. internet and information technology companies), and advancements in computer science (in particular due to artificial intelligence). At the same time, demographic changes and the climate crisis increase innovation pressure. In this context law is a seminal factor that both shapes and is shaped by socio-economic and technological change. This book puts a spotlight on recent developments in smart urban mobility from a legal, regulatory, and policy perspective. It considers the implications for the public sector, businesses, and citizens in relation to various areas of public and private law in the European Union, including competition law, intellectual property law, contract law, data protection law, environmental law, public procurement law, and legal philosophy.Chapter 'Location Data as Contractual Counter-Performance: A Consumer Perspective on Recent EU Legislation' of this book is available open access under a CC BY 4.0 license at link.springer.com.Table of ContentsSmart Urban Mobility as a Regulatory Challenge.- Part I: Public Perspective.- Governing a Risky Relationship Between Sustainability and Smart Mobility.- Environmental Implications of the EU’s Urban Mobility Agenda.- Smart Mobility, Transport Poverty and the Legal Framework of Inclusive Mobility.- Local Leadership and Its Limits in the Deployment of Sustainable Mobility Policies.- Some Public Procurement Challenges in Supporting and Delivering Smart Urban Mobility: Procurement Data, Discretion and Expertise.- Governing Smart Spaces Through Autonomous Vehicles.- Part II: Business Perspective.- mart Urban Mobility: A Positive or Negative IP Space? A Case Study to Test the Role of IP in Fostering Digital Data-Driven Innovation.- Sharing or Platform Urban Mobility? Propertization from Mass to MaaS.- Collaborative Platforms and Data Pools for Smart Urban Societies and Mobility as a Service (MaaS) from a Competition Law Perspective.- Smart Mobility and Technological Compatibility from an Antitrust Perspective.- Efficient Mobility: Lessons on Dynamic Pricing and Sustainable Passenger Service.- Part III: Citizens’ Perspective.- Location Data as Contractual Counter-Performance: A Consumer Perspective on Recent EU Legislation.- Yes Means No(thing): Bridging Consent in Contract Law and Data Protection in the Context of Smart Mobility.- Private Ordering of Online Platforms in Smart Urban Mobility: The Case of Uber’s Rating System.- Challenges to Locational Privacy: The Transformation of Urban Mobility.

Read more less

Book SynopsisDieser Band der „Bibliothek der Mediengestaltung“ präsentiert in kompakter Form die wichtigsten Aspekte des Medienrechts, unter besonderer Berücksichtigung des Urheberrechts. Für diese Bibliothek wurden die Themen des Kompendiums der Mediengestaltung neu strukturiert, vollständig überarbeitet und in ein handliches Format gebracht. Leitlinien waren hierbei die Anpassung an die Entwicklungen in der Werbe- und Medienbranche sowie die Berücksichtigung der aktuellen Rahmenpläne und Studienordnungen sowie Prüfungsanforderungen der Ausbildungs- und Studiengänge.Die Bände der „Bibliothek der Mediengestaltung“ enthalten zahlreiche praxisorientierte Aufgaben mit Musterlösungen und eignen sich als Lehr- und Arbeitsbücher an Schulen sowie Hochschulen und zum Selbststudium.Table of ContentsVorwort.- Einleitung.- Urheberrecht.- Nutzungsrecht.- Datenschutz.- Index.

Read more less

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

Read more less

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

Read more less

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

Read more less

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

Read more less

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

Read more less

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

Read more less