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Digital Copyright and the Consumer Revolution

Digital Copyright and the Consumer Revolution
Author: Matthew Rimmer
Publisher: Edward Elgar Publishing
Total Pages: 377
Release: 2007-01-01
Genre: Law
ISBN: 1847207146

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A very helpful and accessible collection of contemporary issues in digital copyright law. . . Rimmer s book is quite possibly the most enjoyable and easy to read guide to selected issues of digital copyright law on the market today. . . Its core strength is undoubtedly its accessibility it is a pleasure to read. Martin Arthur Kuppers, Journal of Intellectual Property Law and Practice Matthew Rimmer s book provides much needed insight into the current status of digital copyright and its relationship to the general purchasing public. . . This book, which has a structure that flows with concinnity and concision, makes it easy to navigate some of the most complicated and controversial issues. Lisa Wong, Osgoode Hall Law Journal This engaging account of US copyright law (and copyright wars) is thorough and informative. Following a comprehensive and compelling introduction, encompassing a literature review and outline of the methodology and arguments to be adopted. . . His deep understanding of the subject matter, as well as his profound empathy with consumers, are evident throughout the work; the book will, no doubt, foster a similar interest in another generation of copyright law scholars. Louise Buckingham, Copyright Reporter Digital Copyright and the Consumer Revolution is a very important and timely book. . . and is a crucial vade mecum on the ever evolving global maze of case law and copyright reform . Colin Steele, Australian Library Journal It will most definitely prove to be an indispensable tool for researchers concerned with recent legal developments in the copyright field, both in America and Australia. Rimmer s Hands Off My iPod is a comprehensive and detailed analysis of current problems facing copyright holders as the struggle (and often fumble) to find a balance between profiting off their property and keeping the newly-powerful, increasingly agile user happy. Adam Sulewski, Journal of High Technology Law Rimmer brings the tension between law and technology to life in this important and accessible work. Digital Copyright and the Consumer Revolution helps make sense of the global maze of caselaw and copyright reform that extend from San Francisco to Sydney. The book provides a terrific guide to the world s thorniest digital legal issues as Rimmer demonstrates how the consumer interest is frequently lost in the crossfire. Michael A. Geist, the Canada Research Chair of Internet and E-Commerce Law, the University of Ottawa, Canada This book documents and evaluates the growing consumer revolution against digital copyright law, and makes a unique theoretical contribution to the debate surrounding this issue. With a focus on recent US copyright law, the book charts the consumer rebellion against the Sonny Bono Copyright Term Extension Act 1998 (US) and the Digital Millennium Copyright Act 1998 (US). The author explores the significance of key judicial rulings and considers legal controversies over new technologies, such as the iPod, TiVo, Sony Playstation II, Google Book Search, and peer-to-peer networks. The book also highlights cultural developments, such as the emergence of digital sampling and mash-ups, the construction of the BBC Creative Archive, and the evolution of the Creative Commons. Digital Copyright and the Consumer Revolution will be of prime interest to academics, law students and lawyers interested in the ramifications of copyright law, as well as policymakers given its focus upon recent legislative developments and reform proposals. The book will also appeal to librarians, information managers, creative artists, consumers, technology developers, and other users of copyright material.


What Place for Fairness in Digital Content Contracts?

What Place for Fairness in Digital Content Contracts?
Author: Agustin Reyna
Publisher: Nomos Verlag
Total Pages: 242
Release: 2020-10-29
Genre: Law
ISBN: 3748922175

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Verbraucher sehen sich häufig Beschränkungen beim Zugang zu und bei der Nutzung von online angebotenen Inhalten ausgesetzt, die in Endbenutzer-Lizenzvereinbarungen durchgesetzt werden. Diese Beschränkungen können mit den durch das EU-Verbraucherrecht geschützten Verbraucherinteressen kollidieren. Dieses Buch bewertet die ungeklärte Beziehung zwischen dem EU-Urheberrecht und dem Verbraucherrecht, indem es die geltenden Rechtsvorschriften für die Bereitstellung digitaler Inhalte, einschließlich der neuen Richtlinie über digitale Inhalte und digitale Dienste und der Richtlinie über das Urheberrecht im digitalen Binnenmarkt, sowie die einschlägige Rechtsprechung des EuGH zur Beurteilung von Grundrechtskonflikten im Zusammenhang mit urheberrechtlichen Nutzungsbeschränkungen sorgfältig berücksichtigt. Dieses Buch enthält einen Vorschlag für einen integrativen Ansatz, der darauf abzielt, die Interessen von Urheberrechtsinhabern und Verbrauchern beim Zugang zu digitalen Inhalten und deren Nutzung miteinander in Einklang zu bringen.


Whose Book is it Anyway?

Whose Book is it Anyway?
Author: Janis Jeffries
Publisher: Open Book Publishers
Total Pages: 268
Release: 2019-03-12
Genre: Law
ISBN: 1783746513

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Whose Book is it Anyway? is a provocative collection of essays that opens out the copyright debate to questions of open access, ethics, and creativity. It includes views – such as artist’s perspectives, writer’s perspectives, feminist, and international perspectives – that are too often marginalized or elided altogether. The diverse range of contributors take various approaches, from the scholarly and the essayistic to the graphic, to explore the future of publishing based on their experiences as publishers, artists, writers and academics. Considering issues such as intellectual property, copyright and comics, digital publishing and remixing, and what it means (not) to say one is an author, these vibrant essays urge us to view central aspects of writing and publishing in a new light. Whose Book is it Anyway? is a timely and varied collection of essays. It asks us to reconceive our understanding of publishing, copyright and open access, and it is essential reading for anyone invested in the future of publishing.


Internet Law

Internet Law
Author: Michael O'Doherty
Publisher: Bloomsbury Publishing
Total Pages: 1206
Release: 2020-07-30
Genre: Law
ISBN: 1526508036

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Shortlisted for DSBA Law Book of the Year Award 2020 The law in Ireland regarding causes of action involving the internet is a rapidly growing area of law and litigation. This book examines issues such as privacy, data protection, defamation, data protection, crime, intellectual property and employment, all through the prism of online behaviour. This book examines key pieces of legislation such as the E-Commerce Directive, GDPR, and Defamation Act 2009; forthcoming legislation such as the Digital Content Directive and proposed Irish legislation to combat harmful online content. With Ireland being the European base of many international IT and tech firms such as Google, Facebook, LinkedIn, Amazon and Twitter, it is anticipated that the Irish courts will be the forum for many important cases in the near future. Internet Law provides a comprehensive overview of the state of the law in Ireland, EU Member States, and other common law countries such as Canada, Australia and New Zealand. And in such a fast-developing area of law, the book also anticipates many of the issues that will face courts in the near future. Key cases that this book considers include: Data protection: Google Spain [2014] – an in depth review of what exactly this case established, and the manner in which it has been interpreted in subsequent case law. Lloyd v Google [2019] – in which the English Court of Appeal made a significant finding about the availability of damages for non-pecuniary loss arising from the breach of a person's data protection rights. Defamation: Monroe v Hopkins [2017] - the first UK case to consider at length defamation on Twitter, with an in-depth analysis of meaning, identification and how to assess the degree of publication via that medium. Eva Glawischnig-Piesczech v Facebook [2019] – a significant recent decision of the CJEU on the liability of social media platforms for content posted by its users. Copyright: Sony Music v UPC [2018] - a Court of Appeal judgment on the duties of internet service providers to restrict the illegal downloading of copyright material by its customers. Land Nordrhein-Westfalen v Renckhoff [2018] - a recent decision of the CJEU on the nature of copyright protection attaching to photographs which are uploaded to the internet. Trade Marks: Interflora Inc v Marks and Spencer plc [2011] - a decision of the CJEU which analyses the rights of an advertiser to use the trade mark of a rival company when promoting its services on the Google Ads service. Employment: Barbulescu v Romania [2017] - a significant CJEU decision which sets out the restrictions to an employer's right to monitor the electronic communications of its employees. Privacy/ Harassment: CG v Facebook [2016], in which the Northern Ireland Court of Appeal considered the tort of harassment via social media, and the potential liability of Facebook for comments made by a user following notification of the alleged harassment. Evidence: Martin & Ors v Gabriele Giambrone P/A Giambrone & Law [2013]- one of several cases to consider the admissibility of evidence taken by a defendant from a plaintiff's social media account in order to question the latter's testimony.


Copyright Enforcement and the Internet

Copyright Enforcement and the Internet
Author: Irini A. Stamatoudi
Publisher: Kluwer Law International B.V.
Total Pages: 374
Release: 2010-01-01
Genre: Law
ISBN: 9041133461

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Most of the existing European Union and international policies are considered in some depth, and the authors also discuss a variety of national laws and initiatives, technical measures, and the soft law and hard law models that have been proposed. In the years to come, as more and more lawyers are confronted with issues involving copyright enforcement on the Internet, this book's value as a springboard to the informed future development of this area of legal theory and practice will become more evident. For this reason, as well as for its richly detailed treatment of trends and current reality in the field, it is sure to be read and put to good use by business people, international lawyers, government officials, and interested academics in all parts of the world.


Digital Copyright

Digital Copyright
Author: Jessica Litman
Publisher: Prometheus Books
Total Pages: 216
Release:
Genre: Law
ISBN: 161592051X

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Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.


Copyright in the Digital Era

Copyright in the Digital Era
Author: National Research Council
Publisher: National Academies Press
Total Pages: 103
Release: 2013-05-30
Genre: Technology & Engineering
ISBN: 0309278953

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Over the course of several decades, copyright protection has been expanded and extended through legislative changes occasioned by national and international developments. The content and technology industries affected by copyright and its exceptions, and in some cases balancing the two, have become increasingly important as sources of economic growth, relatively high-paying jobs, and exports. Since the expansion of digital technology in the mid-1990s, they have undergone a technological revolution that has disrupted long-established modes of creating, distributing, and using works ranging from literature and news to film and music to scientific publications and computer software. In the United States and internationally, these disruptive changes have given rise to a strident debate over copyright's proper scope and terms and means of its enforcement-a debate between those who believe the digital revolution is progressively undermining the copyright protection essential to encourage the funding, creation, and distribution of new works and those who believe that enhancements to copyright are inhibiting technological innovation and free expression. Copyright in the Digital Era: Building Evidence for Policy examines a range of questions regarding copyright policy by using a variety of methods, such as case studies, international and sectoral comparisons, and experiments and surveys. This report is especially critical in light of digital age developments that may, for example, change the incentive calculus for various actors in the copyright system, impact the costs of voluntary copyright transactions, pose new enforcement challenges, and change the optimal balance between copyright protection and exceptions.


The Trans-Pacific Partnership

The Trans-Pacific Partnership
Author: Matthew Rimmer
Publisher: Edward Elgar Publishing
Total Pages: 616
Release: 2020-12-25
Genre: Law
ISBN: 1788973321

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This book considers the impact of the Trans-Pacific Partnership [TPP] on intellectual property and trade. The book focuses upon the debate over copyright law, intermediary liability, and technological protection measures. The text examines the negotiations over trade mark law, cybersquatting, geographical indications and the plain packaging of tobacco products. It explores the debate over patent law and access to essential medicines, data protection and biologics, and the protection of trade secrets. In addition, the book investigates the treatment of Indigenous intellectual property, access to genetic resources, and plant breeders’ rights.


Moral Panics and the Copyright Wars

Moral Panics and the Copyright Wars
Author: William Patry
Publisher: Oxford University Press
Total Pages: 291
Release: 2009-09-03
Genre: Language Arts & Disciplines
ISBN: 0195385640

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In Moral Panics and the Copyright Wars, William Patry offers a lively, unflinching examination of the pitched battles over new technology, business models, and most of all, consumers. He lays bare how we got to where we are: a bloated, punitive legal regime that has strayed far from its modest, but important roots. A centrist and believer in appropriately balanced copyright laws, Patry concludes that the only laws we need are effective laws, laws that further the purpose of encouraging the creation of new works and learning.