The 2019 Directive on Copyright in the Digital Single Market: Some Progress, a Few Bad Choices, and an Overall Failed Ambition Séverine Dusollier
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Orphan Works and Mass Digitization Report
united states copyright office Orphan Works and Mass Digitization a report of the register of copyrights june 2015 united states copyright office Orphan Works and Mass Digitization a report of the register of copyrights june 2015 U.S. Copyright Office Orphan Works and Mass Digitization ACKNOWLEDGMENTS This Report reflects the dedication and expertise of the Office of Policy and International Affairs at the U.S. Copyright Office. Karyn Temple Claggett, Associate Register of Copyrights and Director of Policy and International Affairs, managed the overall study process, including coordination of the public comments and roundtable hearings, analysis, drafting, and recommendations. I am also extremely grateful to Senior Counsel Kevin Amer and Attorney- Advisor Chris Weston (Office of the General Counsel), who served as the principal authors of the Report and made numerous important contributions throughout the study process. Senior Advisor to the Register Catie Rowland and Attorney-Advisor Frank Muller played a significant role during the early stages of the study, providing research, drafting, and coordination of the public roundtable discussions. In addition, Ms. Rowland and Maria Strong, Deputy Director of Policy and International Affairs, reviewed a draft of the Report and provided important insights. Barbara A. Ringer Fellows Michelle Choe and Donald Stevens provided helpful research and analysis for several sections of the Report. Senior Counsel Kimberley Isbell, Counsels Brad Greenberg and Aurelia Schultz, Attorney-Advisors Katie Alvarez and Aaron Watson, and Law Clerk Konstantia Katsouli contributed valuable research and citation assistance. Finally, I would like to thank the many interested parties who participated in the public roundtables and submitted written comments to the Office. -
Monetizing Infringement
University of Colorado Law School Colorado Law Scholarly Commons Articles Colorado Law Faculty Scholarship 2020 Monetizing Infringement Kristelia García University of Colorado Law School Follow this and additional works at: https://scholar.law.colorado.edu/articles Part of the Entertainment, Arts, and Sports Law Commons, Intellectual Property Law Commons, Law and Economics Commons, and the Legislation Commons Citation Information Kristelia García, Monetizing Infringement, 54 U.C. DAVIS L. REV. 265 (2020), available at https://scholar.law.colorado.edu/articles/1308. Copyright Statement Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required. This Article is brought to you for free and open access by the Colorado Law Faculty Scholarship at Colorado Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Colorado Law Scholarly Commons. For more information, please contact [email protected]. Monetizing Infringement Kristelia García* The deterrence of copyright infringement and the evils of piracy have long been an axiomatic focus of both legislators and scholars. The conventional view is that infringement must be curbed and/or punished in order for copyright to fulfill its purported goals of incentivizing creation and ensuring access to works. This Essay proves this view false by demonstrating that some rightsholders don’t merely tolerate, but actually encourage infringement, both explicitly and implicitly, in a variety of different situations and for one common reason: they benefit from it. -
Orphan Works, Mass Rights Clearance, and Online Libraries
Ringnalda.qxd 1 Orphan Works, Mass Rights Clearance, and Allard Ringnalda Online Libraries: The Flaws of the Draft Orphan Works Directive and Extended Collective Licensing as a Solution 1. Introduction European lawmakers have recently shown a profound interest in copyright law as an obstacle to the creation of Allard Ringnalda, Project researcher, Centre for online digital libraries. Unfortunately, a new directive that is Intellectual Property Law, Molengraaff Institute soon to be proposed to remove these obstacles suggests for Private Law, Utrecht University; PhD resear- that they have focused on the wrong problem. It provides a cher, Willem Pompe Institute for Criminal Law solution for the problem of orphan works: the many copy- and Criminology and the Department of legal righted works whose rightsholders are unknown or unloca- theory, Utrecht University. table. These orphan works cannot be used in a manner that The author would like to thank Rebecka Zinser and requires the rightsholder’s consent.1) With a new Orphan Willem Grosheide for their comments on earlier drafts. Works Directive, the Commission aims to facilitate the ex- The usual disclaimer applies. pansion of Europeana, the non-profit online library that should disseminate the digitised collections of all European national libraries. The problem of orphan works obviously stands in the way of a successful online library: if copyrights cannot be cleared, copyrighted works cannot be digitised and made available online. However, in this article, I shall propose and defend two claims. First, that the issue of orphan works is not the main hurdle on the way to a successful Europeana. Instead, the orphan works problem is only a symptom of a much larger issue: the inability to clear copyrights for the mass digitization and online dissemination of entire library collections. -
Chapter 1: Synthesis
7 | SYNTHESIS CHAPTER 1. SYNTHESIS This chapter provides the rationale and context for Enquiries into Intellectual Property’s Economic Impact and highlights its most significant findings. In doing so, the chapter presents the major themes of the overall report, which are 1) the importance of various types of intellectual property as sources of growth and innovation in today’s economies; and 2) the effects on IP systems and stakeholders of major developments such as content digitisation, the growth of the Internet, and globalisation. The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities or third party. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law. It should be noted that statistical data on Israeli patents and trademarks are supplied by the patent and trademark offices of the relevant countries. ENQUIRIES INTO INTELLECTUAL PROPERTY'S ECONOMIC IMPACT © OECD 2015 8 | SYNTHESIS EXECUTIVE SUMMARY Key challenges • Copyright appears to be the type of IP that has been attracting business investment at the highest growth rate and it is undergoing statutory review in many countries, yet there are fewer empirical studies about copyright than about patents. Encouraging and enabling the collection and availability of more data on copyright would facilitate data-driven copyright policy. In fact, robust evidence on the use of IP rights generally and on their economic and social impacts is essential for sound IP systems. Presently, however, relatively little concrete evidence is available to support the common assumption that IP rights encourage greater innovation and creativity. -
Full Edition 1
WAKE FOREST JOURNAL OF BUSINESS AND INTELLECTUAL PROPERTY LAW VOLUME 14 NUMBER 1 FALL 2013 AN EXAMINATION OF BASEL III AND THE NEW U.S. BANKING REGULATIONS Andrew L. McElroy .................................................................. 5 HOW TO KILL COPYRIGHT: A BRUTE-FORCE APPROACH TO CONTENT CREATION Kirk Sigmon ........................................................................... 26 THE MIXED USE OF A PERSONAL RESIDENCE: INTEGRATION OF CONFLICTING HOLDING PURPOSES UNDER I.R.C. SECTIONS 121, 280A, AND 1031 Christine Manolakas ............................................................... 62 OPEN SOURCE MODELS IN BIOMEDICINE: WORKABLE COMPLEMENTARY FLEXIBILITIES WITHIN THE PATENT SYSTEM? Aura Bertoni ......................................................................... 126 PRIVATE FAIR USE: STRENGTHENING POLISH COPYRIGHT PROTECTION OF ONLINE WORKS BY LOOKING TO U.S. COPYRIGHT LAW Michał Pękała ....................................................................... 166 THE DMCA’S SAFE HARBOR PROVISION: IS IT REALLY KEEPING THE PIRATES AT BAY? Charles K. Lane .................................................................... 192 PERMISSIBLE ERROR?: WHY THE NINTH CIRCUIT’S INCORRECT APPLICATION OF THE DMCA IN MDY INDUSTRIES, LLC V. BLIZZARD ENTERTAINMENT, INC. REACHES THE CORRECT RESULT James Harrell ........................................................................ 211 ABOUT THE JOURNAL The WAKE FOREST JOURNAL OF BUSINESS AND INTELLECTUAL PROPERTY LAW is a student organization sponsored by Wake Forest University -
COPYRIGHT FORMALITIES in the INTERNET AGE: FILTERS of PROTECTION OR FACILITATORS of LICENSING Stef Van Gompel †
COPYRIGHT FORMALITIES IN THE INTERNET AGE: FILTERS OF PROTECTION OR FACILITATORS OF LICENSING Stef van Gompel † I. INTRODUCTION .......................................................................................... 1426 II. MAPPING THE OBJECTIVES ................................................................. 1430 A. HIERARCHY OF OBJECTIVES................................................................. 1430 B. LEGAL CERTAINTY THROUGH FACILITATION OF RIGHTS CLEARANCE AND ENLARGEMENT OF THE PUBLIC DOMAIN ........ 1431 III. THE DIFFERENT FLAVORS OF COPYRIGHT FORMALITIES ................................................................................................ 1435 A. TYPES OF FORMALITIES ......................................................................... 1435 B. VOLUNTARY VERSUS MANDATORY FORMALITIES .......................... 1437 C. LEGAL EFFECTS OF FORMALITIES ...................................................... 1438 IV. ENLARGING THE PUBLIC DOMAIN ................................................ 1440 A. MAKING COPYRIGHT CONDITIONAL ON MANDATORY FORMALITIES ........................................................................................... 1441 B. MANDATORY REGISTRATION AFTER LIFE-PLUS-FIFTY YEARS ........................................................................................................ 1444 C. ENCOURAGING THE VOLUNTARY ABANDONMENT OF COPYRIGHT .............................................................................................. 1445 V. FACILITATING THE CLEARANCE OF RIGHTS ......................... -
Gillian Rodríguez June 2015
The Potential Manifestation of Place as a Brand Component of Regional Meat: The Cases of Cumbrian Salt Marsh Lamb and Herdwick Lamb Gillian Rodríguez School of Agriculture, Food and Rural Development Newcastle University Dissertation submitted in partial fulfilment of the degree of Doctor of Philosophy June 2015 School of Agriculture, Food and Rural Development Newcastle University The Potential Manifestation of Place as a Brand Component of Regional Meat: The Cases of Cumbrian Salt Marsh Lamb and Herdwick Lamb Gillian Rodríguez Dissertation submitted in partial fulfilment of the degree of Doctor of Philosophy ii Abstract Purpose – the purpose of this research is to explore respondents’ knowledge of regional foods including the pre-product stage i.e. in the landscape. Herdwick lamb and Cumbrian salt marsh lamb are both highly visible in the landscape and form part of the ‘lifescape’ of local residents. Design/method/approach – taking a phenomenological stance the research examines the experiential claims of respondents; means-end chain analysis was selected to gather customer values relating to this broader product concept. Ladder maps were drawn up for each of two sets of twenty respondents residing in the production region of either lamb. Hierarchical value maps are produced to reveal salient connections. Findings – show that respondents hold a very wide range of perceptions, experiences and associations with the ‘pre-products’, which influences their judgement about the freshness, flavour, quality of the meat. The ability to fulfil other functions by buying regional meat became apparent, in particular the need to make a contribution to the local economy, to support the ecology, and to know the place through community interaction. -
Monthly Review of the World Intellectual Property Organization
Published monthly Annual subscription : 145 Swiss francs Each monthly issue: 15 Swiss francs Copyright - ' year - No. 6 Monthly Review of the June 1988 World Intellectual Property Organization (WIPO) Contents NOTIFICATIONS CONCERNING TREATIES WIPO Convention. Accessions: Swaziland, Trinidad and Tobago 261 Madrid Convention. Accession: Peru 261 WIPO MEETINGS Photographic Works. Preparatory Document for and Report of the WIPO/Uncsco Committee of Governmental Experts ( Paris. April 18 to 22. 1988) 262 Third International Congress on the Protection of Intellectual Property (of Authors. Artists and Producers) (Lima. April 21 to 23. 1988) 282 STUDIES The Copyright Aspects of Parodies and Similar Works, by Andre Françon 283 CORRESPONDENCE Letter from Norway, by Fiirger Stuevold Lassen 288 ACTIVITIES OF OTHER ORGANIZATIONS International Copyright Society (INTERGU). Xlth Congress (Locamo. March 21 to 25. 1988) ' 300 BOOKS AND ARTICLES 301 CALENDAR OF MEETINGS 302 COPYRIGHT AND NEIGHBORING RIGHTS LAWS AND TREATIES (INSERT) Editor's Note SPAIN Law on Intellectual Property (No. 22. of November 11. 1987) {Articles 101 to 148 and Additional. Transitional and Repealed Provisions) Text 1-01 © WIPO 1988 Any reproduction of official notes or reports, articles and translations of laws or agreements, published ISSN 0010-8626 in this review, is authorized only with the prior consent of WIPO. NOTIFICATIONS CONCERNING TREATIES 261 Notifications Concerning Treaties WIPO Convention Accessions SWAZILAND The Government of Swaziland deposited, on of establishing its contribution towards the budget May 18, 1988, its instrument of accession to the of the WIPO Conference. Convention Establishing the World Intellectual The said Convention, as amended on October 2, Property Organization (WIPO), signed at Stock- 1979, will enter into force, with respect to Swazi- holm on July 14, 1967. -
INTELLECTUAL PRIVILEGE: Copyright, Common Law, and The
INTELLECTUAL PRIVILEGE Copyright, Common Law, and the Common Good TOM W. BELL Arlington, Virginia Founders’ Copyright 2014 by Tom Bell. (See opposite for more information.) Second printing, April 2018 Printed in the United States of America Mercatus Center at George Mason University 3434 Washington Blvd., 4th Floor Arlington, VA 22201 www.mercatus.org 703-993-4930 Library of Congress Cataloging-in-Publication Data Bell, Tom W. Intellectual privilege : copyright, common law, and the common good / Tom W. Bell. pages cm ISBN 978-0-9892193-8-9 (pbk.) -- ISBN 978-0-9892193-9-6 (e-book (kindle)) 1. Copyright--United States. I. Title. KF2994.B45 2014 346.7304’82--dc23 2014005816 COPYRIGHT NOTE Not long ago, in “Five Reforms for Copyright” (chapter 7 of Copyright Unbalanced: From Incentive to Excess, published by the Mercatus Center at George Mason University in 2012), I suggested that the United States should return to the kind of copyright the Founders supported: the one they created in their 1790 Copyright Act. The Founders’ copyright had a term of only fourteen years with the option to renew for another fourteen. It conditioned copyright on the satisfaction of strict statutory formali- ties and covered only maps, charts, and books. The Founders’ copyright protected only against unauthorized reproductions and offered only com- paratively limited remedies. This book follows through on that policy advice. The Mercatus Center and I agreed to publish it under terms chosen to recreate the legal effect of the Founders’ 1790 Copyright Act. For example, the book’s copy- right will expire in 2042 (if not before), and you should feel free to make a movie or other derivative work at any time. -
Register of Copyr1ght.S
SIXTY-NINTH ANNUAL REPORT OF THE REGISTER OF COPYR1GHT.S FOR THE FISCAL YEAR ENDING JUNE 30, 1966 COPYRIGHT OFFICE THE LIBRARY OF CONGRESS IL.C. Card No. 10-36017 This report is reprinted from the Annual Report of the Libdnof Congreee for the fiscal year ending June 30,1966 Contents THECOPYRIGHT OFFICE ............................ 1 The Year's Copyright Business ......................... 2 Official publications .............................. 4 Copyright Contributions to the Library of Congress ................ 4 Administrative Developments ........................... 4 Problems of Registrability ........................... 5 Organizational Problems ............................ 5 Notices of Intention To Use ...................... : ... 5 Legislative Developments ............................ 6 Judicial Developments ..............................8 Performing Rights and Community Antenna Systems ............... 8 Rights of Exhibition and Copying ....................... 10 Author's "Moral Right" ........................... 11 Subject Matter of Copyright ......................... 13 Publication ................................. 16 Notice of Copyright ............................. 17 Copyright Registration ............................ 19 Ownership. Assignment. and Renewal of Copyright ............... 21 Infringement and Remedies .........................23 Other Judicial Developments .........................26 International Developments .......................... 28 Tables: International Copyright Relations of the United States as of December -
Copyright Infringement
COPYRIGHT INFRINGEMENT Mark Miller Jackson Walker L.L.P. 112 E. Pecan, Suite 2400 San Antonio, Texas 78205 (210) 978-7700 [email protected] This paper was first published in the State Bar of Texas Corporate Counsel Section Corporate Counsel Review, Vol. 30, No. 1 (2011) The author appreciates the State Bar’s permission to update and re-publish it. THE AUTHOR Mark Miller is a shareholder with Jackson Walker L.L.P., a Texas law firm with offices in San Antonio, Dallas, Houston, Austin, Ft. Worth, and San Angelo. He is Chair of the firm’s intellectual property section and concentrates on transactions and litigation concerning intellectual property, franchising, and antitrust. Mr. Miller received his B.A. in Chemistry from Austin College in 1974 and his J.D. from St. Mary’s University in 1978. He was an Associate Editor for St. Mary’s Law Journal; admitted to practice before the United States Patent and Trademark Office in 1978; served on the Admissions Committee for the U.S. District Court, Western District of Texas, and been selected as one of the best intellectual property lawyers in San Antonio. He is admitted to practice before the United States Supreme Court, the Federal Circuit Court of Appeals, the United States Court of Appeals for the Fifth and Tenth Circuits, the District Courts for the Western, Southern, and Northern Districts of Texas, and the Texas Supreme Court. He is a member of the American Bar Association’s Forum Committee on Franchising, and the ABA Antitrust Section’s Committee on Franchising. Mr. Miller is a frequent speaker and writer, including “Neglected Copyright Litigation Issues,” State Bar of Texas, Intellectual Property Section, Annual Meeting, 2009, “Unintentional Franchising,” 36 St. -
The EU Copyright Legislation
The EU copyright legislation The EU copyright law consists of 11 directives and 2 regulations, harmonising the essential rights of authors, performers, producers and broadcasters. © iStock by Getty Images -1206970822 Melpomenem By setting harmonised standards, EU copyright law reduces national discrepancies, and guarantees the level of protection needed to foster creativity and investment in creativity. Harmonised standards promote cultural diversity and bring better access for consumers and business to digital content and services across Europe. The EU acquis The EU's regulatory framework for copyright and neighbouring rights (acquis) consists of: Directive on the harmonisation of certain aspects of copyright and related rights in the information society ('InfoSoc Directive'), 22 May 2001 Directive on rental right and lending right and on certain rights related to copyright in the field of intellectual property ('Rental and Lending Directive'), 12 December 2006 Directive on the resale right for the benefit of the author of an original work of art ('Resale Right Directive'), 27 September 2001 Directive on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission ('Satellite and Cable Directive'), 27 September 1993 Directive on the legal protection of computer programs ('Software Directive'), 23 April 2009 Directive on the enforcement of intellectual property right ('IPRED'), 29 April 2004 Directive on the legal protection of databases ('Database Directive'),