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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. -
Osiris Secure Social Backup
James Bown Osiris Secure Social Backup Computer Science Tripos, Part II Project St John’s College May 17, 2011 The cover page image is the hieroglyphic representation of the Ancient Egyptian god of the underworld, Osiris. His legend tells of how he was torn into pieces and later resurrected by bringing them together once again. The font used to generate this image was used with the kind permission of Mark-Jan Nederhof (http://www.cs.st-andrews.ac.uk/~mjn/). Proforma Name: James Bown College: St John’s College Project Title: Osiris – Secure Social Backup Examination: Computer Science Tripos, Part II Project Date: May 17, 2011 Word Count: 11,841 Project Originator: Malte Schwarzkopf Supervisor: Malte Schwarzkopf Original Aims of the Project To produce a distributed system enabling mutually beneficial peer-to-peer backup between groups of friends. Each user provides storage space on their personal machine for other users to back up their data. In exchange, they have the right to back up their own files onto their friends’ machines. I focus on the challenges of space efficient distribution and fault tolerant retrieval of data. The use of convergent encryption and a strict security policy maintains confidentiality of data. Work Completed All success criteria specified in the proposal have been not only fulfilled, but exceeded. I have implemented a concurrent and distributed peer-to-peer backup system that is able to send, retrieve and remove files from the network, recover from node failure or loss, and provide high security supporting convergent encryption. Finally, I have completed a number of additional extensions. -
Henry Jenkins Convergence Culture Where Old and New Media
Henry Jenkins Convergence Culture Where Old and New Media Collide n New York University Press • NewYork and London Skenovano pro studijni ucely NEW YORK UNIVERSITY PRESS New York and London www.nyupress. org © 2006 by New York University All rights reserved Library of Congress Cataloging-in-Publication Data Jenkins, Henry, 1958- Convergence culture : where old and new media collide / Henry Jenkins, p. cm. Includes bibliographical references and index. ISBN-13: 978-0-8147-4281-5 (cloth : alk. paper) ISBN-10: 0-8147-4281-5 (cloth : alk. paper) 1. Mass media and culture—United States. 2. Popular culture—United States. I. Title. P94.65.U6J46 2006 302.230973—dc22 2006007358 New York University Press books are printed on acid-free paper, and their binding materials are chosen for strength and durability. Manufactured in the United States of America c 15 14 13 12 11 p 10 987654321 Skenovano pro studijni ucely Contents Acknowledgments vii Introduction: "Worship at the Altar of Convergence": A New Paradigm for Understanding Media Change 1 1 Spoiling Survivor: The Anatomy of a Knowledge Community 25 2 Buying into American Idol: How We are Being Sold on Reality TV 59 3 Searching for the Origami Unicorn: The Matrix and Transmedia Storytelling 93 4 Quentin Tarantino's Star Wars? Grassroots Creativity Meets the Media Industry 131 5 Why Heather Can Write: Media Literacy and the Harry Potter Wars 169 6 Photoshop for Democracy: The New Relationship between Politics and Popular Culture 206 Conclusion: Democratizing Television? The Politics of Participation 240 Notes 261 Glossary 279 Index 295 About the Author 308 V Skenovano pro studijni ucely Acknowledgments Writing this book has been an epic journey, helped along by many hands. -
Defense Against the Dark Arts of Copyright Trolling Matthew As G
Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2018 Defense Against the Dark Arts of Copyright Trolling Matthew aS g Jake Haskell Follow this and additional works at: https://lawecommons.luc.edu/facpubs Part of the Civil Procedure Commons, and the Intellectual Property Law Commons Defense Against the Dark Arts of Copyright Trolling Matthew Sag &Jake Haskell * ABSTRACT: In this Article, we offer both a legal and a pragmaticframework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half of all copyright casesfiled in the United States over the past threeyears. In the typical case, the plaintiffs claims of infringement rely on a poorly substantiatedform pleading and are targeted indiscriminately at noninfringers as well as infringers. This practice is a subset of the broaderproblem of opportunistic litigation, but it persists due to certain unique features of copyright law and the technical complexity of Internet technology. The plaintiffs bringing these cases target hundreds or thousands of defendants nationwide and seek quick settlements pricedjust low enough that it is less expensive for the defendant to pay rather than to defend the claim, regardless of the claim's merits. We report new empirical data on the continued growth of this form of copyright trolling in the United States. We also undertake a detailed analysis of the legal andfactual underpinnings of these cases. Despite theirunderlying weakness, plaintiffs have exploited information asymmetries, the high cost of federal court litigation, and the extravagant threat of statutory damages for copyright infringement to leverage settlementsfrom the guilty and the innocent alike. -
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. -
A Privacy-Preserving Decentralized Storage with Payments Based on a Blockchain
A Privacy-preserving Decentralized Storage with Payments Based on a Blockchain Dissertation zur Erlangung des Doktorgrades Dr. rer. nat. der Fakultat¨ fur¨ Ingenieurwissenschaften, Informatik und Psychologie der Universitat¨ Ulm Henning Johannes Gustav Kopp aus Villingen-Schwenningen 2018 Institut f¨urVerteilte Systeme Universit¨atUlm, Deutschland Amtierender Dekan: Prof. Maurits Ortmanns Gutachter: Prof. Frank Kargl Gutachter: Prof. Frederik Armknecht Tag der Promotion: 20.12.2018 Summary Recently, the paradigm of cloud storage has seen wide acceptance in industry and for personal use. One of its core principles is to outsource storage, such that users can be billed flexibly by their actual demand. However, outsourcing storage such as private data or business secrets leads to privacy problems, as control over the data is lost to the storage provider. This is intensified by the fact that often privacy is considered only as an afterthought in these systems and not integrated into the design from the beginning. Privacy-preserving alternatives to these centralized cloud storage providers are peer-to-peer systems like Freenet or GNUnet. In these systems, participants can donate storage to other users of the system. Privacy plays a vital role in these systems, as, e. g., participants are unable to access data of other users if they are not authorized to do so, even if the data of the other users resides on their own hard disk. However, these decentralized systems suffer from limited contribution due to a lack of incentives to participate. Naively enhancing these systems with the possibility of payments such that storage providers can earn money, infringes privacy, since tracing of payment flows provides links between users and their storage providers. -
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. -
The Perfect Way by Anna Bonus Kingsford and Edward Maitland the Perfect Way Or the Finding of Christ
The Perfect Way by Anna Bonus Kingsford and Edward Maitland The Perfect Way or The Finding of Christ by Anna Bonus Kingsford and Edward Maitland Published in 1888 Boston, Mass.: ESOTERIC PUBLISHING COMPANY, 478 Shawmut Avenue. (Revised and Enlarged Edition.) Page 1 The Perfect Way by Anna Bonus Kingsford and Edward Maitland AUTHORS’ EXPLANATION These lectures were delivered in London, before a private audience, in the months of May, June, and July, 1881. The changes made in this edition calling for indication, are, – the substitution of another Lecture for No. V., and consequent omission of most of the plates; the rewriting, in the whole or part, of paragraphs 6 - 8 and 28 in No. I.; 34 - 36 in No. II.; 5 - 8, 12, 13, 22, 23, 42, 43, 54, and 55, in No. IX. (the latter paragraphs being replaced by a new one); the lengthening of Appendices II, and VI; the addition of a new Part to Appendix XIII. (formerly No. IX); and the substitution of eight new Appendices for Nos:. VII., and VIII. The alterations involve no change or withdrawal of doctrine, but only extension of scope, amplification of statement, or modification of expression. A certain amount of repetition being inseparable from the form adopted, – that of a series of expository lectures, each requiring to be complete in itself, – and the retention of that form being unavoidable, – no attempt has been made to deal with the instances in which repetition occurs. PREFACE TO THE AMERICAN EDITION In presenting an American edition of THE PERFECT WAY, or, The Finding of Christ, to the reading and inquiring public, we have been actuated by the conviction that a comprehensive textbook of the “new views,” or the restored wisdom and knowledge of the ages regarding religion or the perfect life, was imperatively required, wherein the subject was treated in a manner luminous, instructive, and entertaining, and which, without abridgement, or inferiority of material or workmanship, could yet be sold at a price that would bring the work within the means of the general public. -
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 -
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 -
Privacy Enhancing Technologies for the Internet III: Ten Years Later
Privacy Enhancing Technologies for the Internet III: Ten Years Later Ian Goldberg David R. Cheriton School of Computer Science University of Waterloo Waterloo, ON [email protected] 1 Introduction In 1997 with Wagner and Brewer, and again in 2002, we looked at the then-current state of privacy-enhancing technologies (PETs) for the Internet. [27, 26] Now, in 2007, we take a third look. Technologies to help users maintain their privacy online are as important today as ever before—if not more so. Identity theft is the fastest-growing crime in the US today [47] and it is all too easy for would-be identity thieves to harvest personal information from the online trails Internet users leave every day. Losses of large databases of personal information are an almost daily occurrence [2]; for example, retailers’ servers are penetrated [44], databases are traded between government and private companies [36] and laptops containing social security numbers are stolen [35]. In 1997, we discussed the dossier effect: all available information about a person gets cross-referenced, and the resulting dossier ends up being used for many purposes, lawful and not. This practice has expanded over the years; the companies that compile and sell these dossiers are known as data brokers. Choicepoint is a prime example—in 2005, this data broker sold dossiers on over 150,000 Americans to a group of criminals. [10] The PETs we discuss here give people a way to control how much of their personal information is revealed when they use the Internet. By controlling the spread of this information, they can limit the size of the data brokers’ dossiers about them.