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Copyright, Property and the Social Contract

Copyright, Property and the Social Contract
Author: John Gilchrist
Publisher: Springer
Total Pages: 288
Release: 2018-11-02
Genre: Law
ISBN: 3319956906

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This book provides international perspectives on the law of copyright in relation to three core themes - copyright and developing countries; the government and copyright; and technology and the future of copyright. The third theme includes an examination of the extent to which technology will dictate the development of the law, and a re-examination of the role of copyright in fostering innovation and creativity. As a critique, one chapter discusses how certain rights can create or reinforce social inequality under copyright royalty systems. Underlying these themes is the role the law of copyright has in encouraging or impeding human flourishing.


The Social Contract, and Discourses

The Social Contract, and Discourses
Author: Jean-Jacques Rousseau
Publisher: J M Dent & Sons Limited
Total Pages: 330
Release: 1950
Genre: Political Science
ISBN: 9780525026600

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After an old university friend and fellow archeologist's murdered, forensic archeologist Ruth Galloway travels to Lancashire to examine the bones he found, which reveal a shocking fact about King Arthur, and discovers a campus living in fear of a sinister right-wing group called the White Hand.


Law as Punishment / Law as Regulation

Law as Punishment / Law as Regulation
Author: Austin Sarat
Publisher: Stanford University Press
Total Pages: 257
Release: 2011-08-29
Genre: Law
ISBN: 0804782113

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Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.


Private Property, Freedom, and Order

Private Property, Freedom, and Order
Author: Mehmet Kanatli
Publisher: Taylor & Francis
Total Pages: 160
Release: 2021-11-29
Genre: Political Science
ISBN: 1000507130

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This book looks at how the ideas of freedom, property, and order are expressed in modern social contract theories (SCTs). Drawing on the theories of Hobbes, Locke, Rousseau, and Rawls, it studies how notions of freedom promulgated by these SCTs invariably legitimise and defend the private ownership of the means of production. It argues that capitalism’s impact on individual dependence and economic inequality still stems from this model, ultimately working in favour of proprietors. The author highlights the problematic nature of SCTs, which work as ideological mechanisms put forward under the guise of formal equality and formal freedom, by focusing on the historical and social context behind them. From a methodological point of view, the author presents a de-ideologization of the contractarian issue and provides insight into the political ‘layers’ within the discourse of individualism, human nature and morality shaping the outer corners of contractarian theory. An important intervention in the study of SCTs, this volume will be of great interest to scholars and researchers of political and social theory, sociology, political history, and political philosophy.


Copyright Law and the Progress of Science and the Useful Arts

Copyright Law and the Progress of Science and the Useful Arts
Author: A. Ng
Publisher: Edward Elgar Publishing
Total Pages: 177
Release: 2011-01-01
Genre: Law
ISBN: 1849807825

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The American Constitution empowers Congress to enact copyright laws to 'promote the progress of science and the useful arts'. This book offers the first in-depth analysis of the connection between copyright law as a legal institution and the constitutional goal of promoting social and cultural advancement. Focusing on the relationship between this explicit purpose and the normative uses and production of creative works, Alina Ng argues that a robust copyright system that embodies moral and ethical principles is necessary to protect the different values and expectations of authors, publishers and users of creative works. The author demonstrates that a more nuanced understanding of property rights and statutory privileges as bearing different types of entitlements is critical to the sustainable development of society and culture at both national and international levels. She posits that as communication technologies become ubiquitous and facilitate greater connectivity between authors and their readers, the notion of authorship as a creative endeavor producing works with significant influence upon society and culture must form the central tenet of the copyright system. This unique approach to copyright law will be of interest to legal, cultural and literary scholars as well as others interested in the relationship between creativity, authorship and progress.


The Making Available Right

The Making Available Right
Author: Cheryl Foong
Publisher: Edward Elgar Publishing
Total Pages: 320
Release: 2019
Genre: Law
ISBN: 1788978188

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p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} The right of copyright owners to make their content available to the public is crucial in an environment driven by access. The Making Available Right provides in-depth analysis of this exclusive right and offers insights on how we can approach the right in a more transparent and principled manner. This thought-provoking book brings together detailed analysis of the law and a broader consideration of copyright’s fundamental aims, and will be of interest to judges, practitioners and scholars concerned about how copyright deals with access going forward.


Economic Approaches to Intellectual Property

Economic Approaches to Intellectual Property
Author: Nicola Searle
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2016
Genre: Law
ISBN: 9780198736264

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Intellectual property has traditionally been a matter for the legal professions, but with the shift to evidence-based policy, the global economic upheaval, and the advent of the digital age, intellectual property is increasingly informed by economic perspectives. This book offers provide a clear and practical guide to economic approaches to intellectual property, written for a legal audience. It introduces basic concepts in economics and finance that inform the law of intellectual property. Topics discussed offer additional perspectives include the economics of innovation, development, crime, law, industrial organization and welfare. Next, it considers the economics of specific intellectual property rights, including copyright, patents, trademarks, trade secrets, geographical indicator and design rights, as well as a section on competition. Finally, a section on applied approaches to the valuation of IP will help readers to understand the use of these topics in practice. This practical guide offers readers a better understanding of economic debates in intellectual property, as well as tools to enhance their ability to critique evidence-based policy.


Intellectual Property Rights

Intellectual Property Rights
Author: David Vaver
Publisher: Taylor & Francis
Total Pages: 440
Release: 2006
Genre: Copyright
ISBN: 9780415384599

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Owning It

Owning It
Author: Sharon Givoni
Publisher:
Total Pages:
Release: 2015-06-01
Genre: Contracts
ISBN: 9780987194794

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Commercial Law of Intellectual Property

Commercial Law of Intellectual Property
Author: Peter A. Alces
Publisher: Wolters Kluwer
Total Pages: 774
Release: 1994-01-01
Genre: Law
ISBN: 0735551286

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Commercial legislation and intellectual property principles are experiencing dramatic adjustment as a result of technological, social, and legislative innovation. The Commercial Law of Intellectual Property provides comprehensive, in-depth analysis of the intersection of commercial law and intellectual property rights, including discussion of all applicable U.C.C. sections and other relevant legislation, as well as discussion of hundreds of cases in which intellectual property interests have been subject to U.C.C. provisions, with attention to such critical areas as: Intellectual property licensing, including shrink-wrap and click-wrap license agreements Licenses and other licensing arrangements that some courts view as valid contracts and others do not Representation, fitness, and disclaimer of liability in warranties, with special reference to computer systems and other intellectual property sales, leases, and licenses Unconscionability in the formation of intellectual property sales agreements Application of U.C.C. Article 2 and U.C.C. Article 2A to intellectual property Formation and performance terms of sales and lease contracts involving intellectual property Third-party interests in sales and lease transactions involving intellectual property Performance, repudiation, and excuse in intellectual property sales and lease contracts Intellectual property damages