Making Cyberspace Safe for Copyright: the Protection of Electronic Works in a Protocol to the Berne Convention
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Copyright 2018 4Th Edition a Practical Cross-Border Insight Into Copyright Law
ICLG The International Comparative Legal Guide to: Copyright 2018 4th Edition A practical cross-border insight into copyright law Published by Global Legal Group, in association with Bird & Bird LLP With contributions from: Anderson Mōri & Tomotsune KISCH IP Arnold & Porter Kaye Scholer LLP LexOrbis Bereskin & Parr LLP LPS L@w Bird & Bird LLP MinterEllison BROSS & PARTNERS PEREZ CORREA & ASOCIADOS, SC Daniel Legal & IP Strategy S. P. A. Ajibade & Co Deep & Far Attorneys-at-Law Seow & Associates FRORIEP Legal SA SyCip Salazar Hernandez & Gatmaitan Gorodissky & Partners (Ukraine) Vash Patent LLC Güzeldere & Balkan Law Firm Weisselberg Avocat HOYNG ROKH MONEGIER ZY Partners JIPYONG The International Comparative Legal Guide to: Copyright 2018 General Chapter: 1 Communication to the Public: the Only Right Worth Talking About? – Will Smith & Phil Sherrell, Bird & Bird LLP 1 Contributing Editor Country Question and Answer Chapters: Phil Sherrell, Bird & Bird LLP 2 Australia MinterEllison: John Fairbairn & Emily Hawcroft 7 Sales Director Florjan Osmani 3 Brazil Daniel Legal & IP Strategy: Giovanna M. Sgaria de Morais Moulin & Account Director Hannah Vitória M. Fernandes 14 Oliver Smith Sales Support Manager 4 Canada Bereskin & Parr LLP: Jill Jarvis-Tonus 20 Toni Hayward 5 China ZY Partners: Zhou Qiang & Deng Huiqiong 26 Senior Editors Suzie Levy, Rachel Williams 6 France Weisselberg Avocat: Elise Weisselberg 32 Chief Operating Officer Dror Levy 7 Germany HOYNG ROKH MONEGIER: Thomas H. Schmitz & Mathis Breuer 37 Group Consulting Editor Alan Falach 8 India LexOrbis: Dheeraj Kapoor & Aprajita Nigam 42 Publisher Rory Smith 9 Japan Anderson Mōri & Tomotsune: Masayuki Yamanouchi & Yuri Fukui 49 Published by 10 Korea JIPYONG: Seung Soo Choi & Seungmin Jasmine Jung 55 Global Legal Group Ltd. -
Fetishizing Copies
University of Michigan Law School University of Michigan Law School Scholarship Repository Book Chapters Faculty Scholarship 2017 Fetishizing Copies Jessica Litman University of Michigan Law School, [email protected] Available at: https://repository.law.umich.edu/book_chapters/108 Follow this and additional works at: https://repository.law.umich.edu/book_chapters Part of the Computer Law Commons, Consumer Protection Law Commons, Intellectual Property Law Commons, Legislation Commons, and the Science and Technology Law Commons Publication Information & Recommended Citation Litman, Jessica D. "Fetishizing Copies." In Copyright in An Age of Limitations and Exceptions, edited by R. Okediji, 107-31. Cambridge: Cambridge Univ. Press, 2017. This Book Chapter is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Book Chapters by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. 3 Fetishizing Copies Jessica Litman * Abstract Our copyright laws encourage authors to create new works and communicate them to the public, because we hope that people will read the books, listen to the music, see the art, watch the f lms, run the software, and build and inhabit the buildings. That is the way that copyright promotes the Progress of Science. Recently, that not-very- controversial principle has collided with copyright owners’ conviction that they should be able to control, or at least collect royalties from, all uses of their works. A particularly ill-considered manifestation of this conviction is what I have decided to call copy- fetish. -
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. -
Copyright, Digitization of Images, and Art Museums: Cyberspace and Other New Frontiers
UCLA UCLA Entertainment Law Review Title Copyright, Digitization of Images, and Art Museums: Cyberspace and Other New Frontiers Permalink https://escholarship.org/uc/item/34s442ws Journal UCLA Entertainment Law Review, 6(2) ISSN 1073-2896 Author Appel, Sharon Publication Date 1999 DOI 10.5070/LR862026984 Peer reviewed eScholarship.org Powered by the California Digital Library University of California Copyright, Digitization of Images, and Art Museums: Cyberspace and Other New Frontiers Sharon Appel* "[W]hile I shall think myself bound to secure every man in the enjoyment of his copy-right, one must not put manacles upon science." Lord Ellenborough, Carey v. Kearsley, 4 Esp. 168, 170, 170 Eng.Rep. 679, 681 (K.B.1803) I. IN TR O DU CTIO N .......................................................................... 151 II.THE LAW OF COPYRIGHT ......................................................... 154 A. Historical Origins of Copyright Law ................................. 154 B. Constitutional and Philosophical Underpinnings of C opyright Law ................................................................... 157 C. The Copyright Act of 1790 ................................................. 158 D. The Copyright Act of 1909 ................................................ 159 E. The Copyright Act of 1976 ................................................. 161 1. Threshold Requirements for Copyright Protection. 162 B.A. University of Wisconsin-Madison; J.D. Brooklyn Law School; Certificate, Graduate Program in Museum Studies, George Washington University. Former staff attorney and hearing officer, Telecommunications, Vermont Public Service Board. E-mail: [email protected]. Many thanks to Ralph Oman for his encouragement, enthusiasm, and advice. Thanks also to Jeffrey Hannigan, Ildiko P. DeAngelis, and Ellen Zavian for their comments upon earlier drafts, and to Craig Rutenberg for his flexibility and humor. I dedicate this article to my parents, Rose and Carl Appel. UCLA ENTERTAINMENT LAW REVIEW [Vol 6:2 2. -
Guarding Against Abuse: the Costs of Excessively Long Copyright Terms
GUARDING AGAINST ABUSE: THE COSTS OF EXCESSIVELY LONG COPYRIGHT TERMS By Derek Khanna* I. INTRODUCTION Copyrights are intended to encourage creative works through the mechanism of a statutorily created1 limited property right, which some prominent think tanks and congressional organizations have referred to as a form of govern- ment regulation.2 Under both economic3 and legal analysis,4 they are recog- * Derek Khanna is a fellow with X-Lab and a technology policy consultant. As a policy consultant he has never worked for any organizations that lobby or with personal stakes in copyright terms, and neither has Derek ever lobbied Congress. He was previously a Yale Law School Information Society Project Fellow. He was featured in Forbes’ 2014 list of top 30 under 30 for law in policy and selected as a top 200 global leader of tomorrow for spear- heading the successful national campaign on cell phone unlocking which led to the enact- ment of copyright reform legislation to legalize phone unlocking. He has spoken at the Con- servative Political Action Conference, South by Southwest, the International Consumer Electronics Show and at several colleges across the country as a paid speaker with the Fed- eralist Society. He also serves as a columnist or contributor to National Review, The Atlan- tic and Forbes. He was previously a professional staff member for the House Republican Study Committee, where he authored the widely read House Republican Study Committee report “Three Myths about Copyright Law.” 1 See Edward C. Walterscheld, Defining the Patent and Copyright Term: Term Limits and the Intellectual Property Clause, 7 J. -
Section 512 of Title 17 a Report of the Register of Copyrights May 2020 United States Copyright Office
united states copyright office section 512 of title 17 a report of the register of copyrights may 2020 united states copyright office section 512 of title 17 a report of the register of copyrights may 2020 U.S. Copyright Office Section 512 Report ACKNOWLEDGEMENTS The publication of this Report is the final output of several years of effort by the Copyright Office to assist Congress with evaluating ways to update the Copyright Act for the 21st century. The genesis of this Report occurred in the midst of the two years of copyright review hearings held by the House Judiciary Committee that spanned the 113th and 114th Congresses. At the twentieth and final hearing in April 2015, the Copyright Office proposed several policy studies to aid Congress in its further review of the Copyright Act. Two studies already underway at the time were completed after the hearings: Orphan Works and Mass Digitization (2015), which the Office later supplemented with a letter to Congress on the “Mass Digitization Pilot Program” (2017), and The Making Available Right in the United States (2016). Additional studies proposed during the final hearing that were subsequently issued by the Office included: the discussion document Section 108 of Title 17 (2017), Section 1201 of Title 17 (2017), and Authors, Attribution, and Integrity: Examining Moral Rights in the United States (2019). The Office also evaluated how the current copyright system works for visual artists, which resulted in the letter to Congress titled “Copyright and Visual Works: The Legal Landscape of Opportunities and Challenges” (2019). Shortly after the hearings ended, two Senators requested a review of the role of copyright law in everyday consumer products and the Office subsequently published a report, Software-Enabled Computer Products (2016). -
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 -
Access to Knowledge for Consumers Reports of Campaigns and Research 2008–2010
Access to Knowledge for Consumers Reports of Campaigns and Research 2008–2010 Access to knowledge for consumers Reports of Campaigns and Research 2008–2010 CONSUMERS INTERNATIONAL KUALA LUMPUR 2010 About Consumers International Consumers International (CI) is the only independent global campaigning voice for consumers. With over 220 member organisations in 115 countries, we are building a powerful international consumer movement to help protect and empower consumers everywhere. For more information, visit www.consumersinternational.org. Published and produced by Consumers International Regional Office for Asia Pacific and the Middle East Lot 5-1 Wisma WIM, 7 Jalan Abang Haji Openg, TTDI, 60000 Kuala Lumpur, Malaysia Tel: (603) 7726 1599 Fax: (603) 7726 8599 Access to Knowledge for Consumers: Reports of Campaigns and Research 2008–2010 Compiled and edited by Jeremy Malcolm Cover design by Andrea Carter Production by Jeremy Malcolm Printed by Makmur Millenium Enterprise © 2010 Consumers International. Some rights reserved. Creative Commons Attribution-Share Alike 3.0 Licence <creativecommons.org/licences/by-sa/3.0/> ISBN: 978-0-9566117-1-0 Contents List of Tables ix List of Figures xi Introduction 1 I Global consumer survey on A2K access barriers 9 1 First phase: planning and interviews 11 Dr Jeremy Malcolm 1.1 Previous research ........................ 12 1.2 Classification of access barriers ................ 13 1.3 Scope ............................... 14 1.4 Methodology ........................... 15 1.5 Preparation of the first phase interviews ........... 17 1.6 Analysing the interview data .................. 19 1.7 Highlights of the interview results ............... 32 1.8 Categorising the access barriers ................ 33 1.9 Conclusion ............................ 34 2 Second phase: global questionnaire 37 Dr Karuthan Chinna and Dr Jeremy Malcolm 2.1 Survey development ..................... -
USTR 2021 Special 301 Report
2021 Special 301 Report Office of the United States Trade Representative ACKNOWLEDGEMENTS The Office of the United States Trade Representative (USTR) is responsible for the preparation of this Report. United States Trade Representative Katherine Tai gratefully acknowledges the contributions of staff to the writing and production of this Report and extends her thanks to partner agencies, including the following Departments and agencies: State; Treasury; Justice; Agriculture; Commerce, including the International Trade Administration and the Patent and Trademark Office; Labor; Health and Human Services, including the Food and Drug Administration; Homeland Security, including Customs and Border Protection, Immigration and Customs Enforcement, and the National Intellectual Property Rights Coordination Center; and the United States Agency for International Development. USTR also recognizes the contributions of the Office of the Intellectual Property Enforcement Coordinator, as well as those of the United States Copyright Office. In preparing the Report, substantial information was solicited from U.S. embassies around the world, from U.S. Government agencies, and from interested stakeholders. The draft of this Report was developed through the Special 301 Subcommittee of the interagency Trade Policy Staff Committee. TABLE OF CONTENTS EXECUTIVE SUMMARY .......................................................................................................... 4 SECTION I: Developments in Intellectual Property Rights Protection, Enforcement, and -
Exceptions and Limitations to Intellectual Property Rights with Special Reference to Patent and Copyright Law
EXCEPTIONS AND LIMITATIONS TO INTELLECTUAL PROPERTY RIGHTS WITH SPECIAL REFERENCE TO PATENT AND COPYRIGHT LAW Thesis submitted to Cochiin Uniiversiity of Sciience and Technollogy for the award of the degree of Doctor of Philosophy in The Faculty of Law By SALEENA K. B Under the guidance of Prof. Dr. N. S. GOPALAKRISHNAN (Director, IUCIPRS, CUSAT) SCHOOL OF LEGAL STUDIES COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY COCHIN-682 022 2011 School of Legal Studies Cochin University of Science and Technology Kochi – 682 022, Kerala, India Ph: 91-484-2862487 (O), 2577542 (R) Prof. Dr. N. S. GOPALAKRISHNAN Fax: 91-484-2575463(Direct), 2577595 Professor HRD Chair on IPR E-mail:[email protected] ; [email protected] This is to certify that this thesis entitled “Exceptions and Limitations to Intellectual Property Rights with Special Reference to Patent and Copyright Law” submitted by Ms. Saleena K.B for the degree of Doctor of Philosophy, is to the best of my knowledge, the record of bonafide research carried out under my guidance and supervision from 13.09.2006 at School of Legal Studies, Cochin University of Science and Technology. This thesis or any part thereof has not been submitted elsewhere for any other degree. Cochin Dr. N. S. Gopalakrishnan 19/10/2011 (Research Guide) This is to certify that the important research findings included in the thesis entitled “Exceptions and Limitations to Intellectual Property Rights with Special Reference to Patent and Copyright Law” have been presented in a research seminar at School of legal Studies, Cochin University of Science and technology on 2nd May 2011. -
A Comparative Analysis of the Patentability of Computer Software Under the Trips Agreement: the U.S., the E.U., and Turkey
Ankara Law Review Vol.4 No.1 (Summer 2007), pp.43-81 A Comparative Analysis Of The Patentability Of Computer Software Under The Trips Agreement: The U.S., The E.U., And Turkey Talat KAYA1 ABSTRACT The question of how to protect new intellectual creations, which emerged as a consequence of the developments in information technologies, brings about substantial debate. Undoubtedly, one of the most controversial issues in this area is the matter of which form of intellectual property protection is appropriate for computer programs. Although copyrights and patents are the two possible intellectual property forms under which computer programs might be protected, countries take different attitudes in this field depending on their level of advancement in the sector. The current international consensus on this subject is that copyright protection provided under TRIPS Agreement is most appropriate. Nevertheless, since there is no provision in the TRIPs agreement that prevents the patentability of computer programs, these creations could also be a subject matter of patents. ÖZET Bilgi teknolojilerinde yaşanan gelişmeler sonrasında ortaya çıkan yeni bir takım fikri ürünlerin nasıl korunacağı sorusu bir takım tartışmaları da beraberinde getirmektedir. Bu alanda en çok tartışılan konulardan bir tanesi şüphesiz bilgisayar 1 Foreign Trade Expert, Undersecretariat of the Prime Ministry for Foreign Trade. Graduated from Ankara University School of Law in 1998 and received a Master of Laws (LL.M.) Degree from Vanderbilt University, USA in 2005. Currently, working as a Junior Counsel under the Secondment Programme for Trade Lawyers of the Advisory Centre on WTO Law (ACWL). This article is an updated version of the author‟s Master‟s thesis that had been available online under the name “Patentability of Computer Software under the TRIPS Agreement and its Applications in the U.S., the EU, and Turkey.” 44 Ankara Law Review Vol.4 No.1 programlarının hangi fikri mülkiyet çeşidi altında korunacağı hususudur. -
Copyright Fr.S
Published monthly Annual subscription : fr.s. 130.— Each monthly issue: Copyright fr.s. 13.— 22nd year — No. 1 Monthly Review of the January 1986 World Intellectual Property Organization (WIPO) Contents MEMBERSHIP Convention Establishing the World Intellectual Property Organization (WIPO). States Party on January 1, 1986 3 Berne Convention for the Protection of Literary and Artistic Works. States Party on January 1, 1986 6 States Party to Other Treaties in the Field of Copyright and Neighboring Rights Administered by WIPO on January 1, 1986 International Convention for the Protection of Performers, Producers of Phono- grams and Broadcasting Organizations 9 Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms 10 Convention Relating to the Distribution of Programme-Carrying Signals Trans- mitted by Satellite 10 Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties 11 Vienna Agreement for the Protection of Type Faces and their International Deposit 11 Nairobi Treaty on the Protection of the Olympic Symbol 11 States Party to Treaties in the Field of Copyright and Neighboring Rights Not Admi- nistered by WIPO on January 1, 1986 Universal Copyright Convention 12 European Agreement concerning Programme Exchanges by means of Television Films 13 European Agreement on the Protection of Television Broadcasts 13 European Agreement for the Prevention of Broadcasts transmitted from Stations outside National Territories 13 Member States of the Governing Bodies and Other Organs of WIPO, of the Berne Union for the Protection of Literary and Artistic Works, of the Rome Convention and of the Universal Copyright Convention, and Director General and Deputy Directors General of WIPO on January 1, 1986 14 © WIPO 1986 Any reproduction of official notes or reports, articles and translations of laws or agreements, ISSN 0010-8626 published in this review, is authorized only with the prior consent of WIPO.